Lin v. Holder

Petitioner, a native and citizen of China, came to the United States without a visa or other valid entry document. Petitioner applied for asylum, withholding of removal, and protection under the Convention Against Torture, asserting that she opposed China’s population control policy and would be forced to undergo involuntary sterilization if she were returned to China. After a hearing, an Immigration Judge found that Petitioner was not credible, denied all forms of relief, and ordered Petitioner removed to China. The Board of Immigration Appeals (BIA) affirmed. Petitioner filed a motion to reopen the removal proceedings, which the BIA denied as untimely. More than seven years after her first untimely motion and almost twelve years after she was first ordered removed to China, Petitioner filed a second motion to reopen, alleging a material change in country conditions. The BIA denied Petitioner’s motion, concluding that Petitioner’s second motion to reopen was untimely and number-barred under 8 C.F.R. 1003.2(c)(2) and not subject to any exceptions. The First Circuit Court of Appeals denied Petitioner’s petition for review, holding that the BIA did not abuse its discretion in denying Petitioner’s petition. View "Lin v. Holder" on Justia Law