09-4018-ag

Yang v. Holder

BIA

A029 809 073

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

4 New York, on the 20 day of May, two thousand ten. th

5

6 PRESENT:

7 ROBERT D. SACK,

8 ROBERT A. KATZMANN,

9 RICHARD C. WESLEY,

10 Circuit Judges. 

11 ______________________________________

12

13 CHI FONG YANG, ALSO KNOWN AS SADAKO

14 KANAZAWA, ALSO KNOWN AS QIFENG YANG,

15 ALSO KNOWN AS CHI FENG YANG,

16 Petitioner, 

17 09-4018-ag

18 v. NAC

19

20 ERIC H. HOLDER, JR., UNITED STATES 

21 ATTORNEY GENERAL,

22 Respondent.

23 ______________________________________

24

25 FOR PETITIONER: Nathaniel K. Hsieh, Chicago,

26 Illinois.

27

28 FOR RESPONDENT: Tony West, Assistant Attorney

29 General, Civil Division; Ernesto H.

30 Molina, Jr., Assistant Director,

31 Office of Immigration Litigation;

32 Jeffery R. Leist, Trial Attorney,

33 Office of Immigration Litigation,

34 Civil Division, United States

35 Department of Justice, Washington,

36 D.C.

37
2

1 UPON DUE CONSIDERATION of this petition for review of a

2 Board of Immigration Appeals (“BIA”) decision, it is hereby

3 ORDERED, ADJUDGED, AND DECREED that the petition for review

4 is DENIED.

5 Petitioner Chi Fong Yang, a native and citizen of the

6 People’s Republic of China, seeks review of the August 31,

7 2009, order of the BIA denying his motion to reconsider. In

8 re Chi Fong Yang, No. A029 809 073 (B.I.A. Aug. 31, 2009). 

9 We assume the parties’ familiarity with the underlying facts

10 and procedural history of the case.

11 Our review in this case is limited to the BIA’s August

12 2009 denial of Yang’s motion to reconsider, because that is

13 the only decision from which he filed a timely petition for

14 review. See Ke Zhen Zhao v. U.S. Dep’t of Justice, 265 F.3d

15 83, 89-90 (2d Cir. 2001). As the government argues,

16 however, Yang waives any challenge to that decision. See

17 Yueqing Zhang v. Gonzales, 426 F.3d 540, 541 n.1, 545 n.7

18 (2d Cir. 2005). Instead, Yang’s brief is devoted to

19 challenging the findings the BIA made in denying his motion

20 to reopen, a decision that is not properly before us. See

21 Ke Zhen Zhao, 265 F.3d at 89-90. Because Yang has

22 effectively waived any challenge to the decision we are
3

1 “empowered to review,” his petition for review must be

2 denied. See Nwogu v. Gonzales, 491 F.3d 80, 84 (2d Cir.

3 2007) (denying petition where applicant failed to raise “any

4 of the issues relevant” to BIA’s denial of his motion to

5 reopen).

6 We note that even if Yang had not waived such

7 arguments, we would conclude that the BIA did not abuse its

8 discretion in denying his motion to reconsider because he

9 merely repeated the same argument that the BIA had

10 previously considered and rejected in denying his motion to

11 reopen. See Jin Ming Liu v. Gonzales, 439 F.3d 109, 111 (2d

12 Cir. 2006). 

13 For the foregoing reasons, the petition for review is

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

15 removal that the Court previously granted in this petition

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

17 this petition is DISMISSED as moot. Any pending request for

18 oral argument in this petition is DENIED in accordance with

19 Federal Rule of Appellate Procedure 34(a)(2), and Second

20 Circuit Local Rule 34.1(b).

21 FOR THE COURT: 

22 Catherine O’Hagan Wolfe, Clerk

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