10-4180-ag

Chen v. Holder

UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER

FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF

APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER

IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN

ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY

ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.

1 At a stated term of the United States Court of Appeals

2 for the Second Circuit, held at the Daniel Patrick Moynihan

3 United States Courthouse, 500 Pearl Street, in the City of

New York, on the 2nd 4 day of August, two thousand twelve.

5

6 PRESENT:

7 DENNIS JACOBS,

8 Chief Judge,

9 JON O. NEWMAN,

10 PIERRE N. LEVAL,

11 Circuit Judges. 

12 ____________________________________

13

14 MEI LING LI v. HOLDER, 10-55-ag

15 A077 353 526

16 ____________________________________

17

18 XIN CHEN v. U.S. DEP’T OF JUSTICE, 

19 HOLDER, 10-2613-ag

20 A073 536 028

21 ____________________________________

22

23 TIAN YAO DONG v. HOLDER, 10-4129-ag

24 A095 381 956

25 ____________________________________ 26

27 JIAN ZHEN CHEN v. HOLDER, 10-4180-ag 

28 A072 785 517 

29 ____________________________________

02272012-21-30
1

2 DAN DAN WU v. HOLDER, 11-321-ag

3 A079 774 668

4 ____________________________________

5 

6 MENG ZHAO WANG v. HOLDER, 11-557-ag 

7 A073 179 839

8 ____________________________________

9

10 XIAN XIANG LIN v. HOLDER, 11-1363-ag 

11 A073 599 598

12 ____________________________________

13 

14 LI YIN CHEN v. HOLDER, 11-1791-ag

15 A078 725 231

16 ____________________________________

17

18 LI YING CHEN v. HOLDER, 

19 U.S. DEP’T OF JUSTICE 11-2080-ag

20 A078 412 192

21 ____________________________________

22

23 ZHEN YIN GUO v. HOLDER, 11-2280-ag

24 A070 908 560

25 ____________________________________

26

27 UPON DUE CONSIDERATION of these petitions for review of

28 Board of Immigration Appeals (“BIA”) decisions, it is hereby

29 ORDERED, ADJUDGED, AND DECREED that the petitions for review

30 are DENIED. 

31 Each of these petitions challenges a decision of the

32 BIA either denying a motion to reopen or affirming an

33 Immigration Judge’s denial of a motion to reopen. The

34 applicable standards of review are well-established. See

35 Jian Hui Shao v. Mukasey, 546 F.3d 138, 157-58, 168-69 (2d

36 Cir. 2008). 

02272012-21-30 2
1 Petitioners, all natives and citizens of China, filed

2 motions to reopen based on claims that they fear persecution

3 because they have had one or more children in violation of

4 China’s population control program. For largely the same

5 reasons as this Court set forth in Jian Hui Shao, 546 F.3d

6 138, we find no error in the BIA’s decisions. See id. at

7 158-72. 

8 In Tian Yao Dong v. Holder, No. 10-4129-ag and in Zhen

9 Yin Guo v. Holder, No. 11-2280-ag, the BIA did not abuse its

10 discretion in declining to credit the petitioners’

11 unauthenticated evidence regarding the family planning

12 policy in light of the agency’s underlying adverse

13 credibility determinations. See Qin Wen Zheng v. Gonzales,

14 500 F.3d 143, 146-47 (2d Cir. 2007).

15 Petitioners’ motions to reopen were also based on their

16 claims that they fear persecution in China on account of

17 their religious practices. The BIA did not err in finding

18 that petitioners failed to demonstrate either material

19 changed country conditions or their prima facie eligibility

20 for relief on this basis. See 8 U.S.C.

21 § 1229a(c)(7)(C)(ii); see also Hongsheng Leng v. Mukasey,

22 528 F.3d 135, 143 (2d Cir. 2008); INS v. Abudu, 485 U.S. 94,

23 104-05 (1988). 

02272012-21-30 3
1 For the foregoing reasons, these petitions for review

2 are DENIED. As we have completed our review, any stay of

3 removal that the Court previously granted in these petitions

4 is VACATED, and any pending motion for a stay of removal in

5 these petitions is DISMISSED as moot. Any pending request

6 for oral argument in these petitions is DENIED in accordance

7 with Federal Rule of Appellate Procedure 34(a)(2), and

8 Second Circuit Local Rule 34.1(b).

9 FOR THE COURT: 

10 Catherine O’Hagan Wolfe, Clerk

11

12

13

02272012-21-30 4