*Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Attorney General Eric H. Holder, Jr., is automatically substituted for former Attorney General Michael B. Mukasey as respondent in this case.

08232010-26 07-5467-ag Li v. Holder BIA A078 840 467



### UNITED STATES COURT OF APPEALS **FOR THE SECOND CIRCUIT** 

## SUMMARY ORDER

**RULINGS BY SUMMARY ORDER DO NOT HAVE PRECED ENTIAL**  **EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PER** **MITTED 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.**  **At a stated term of the United States Court of Appeals** 1 **for the Second Circuit, held at the Daniel Patrick Moynihan** 2 **United States Courthouse, 500 Pearl Street, in the City of** 3 **New York, on the 27 th** **day of October, two thousand ten.** 4 5 **PRESENT:** 6 **DENNIS JACOBS,** 7 Chief Judge **,** 8 **JON O. NEWMAN,** 9 **PIERRE N. LEVAL,** 10 Circuit Judges **.** 11

**_________________________________________** 12 13 **MEI FENG LI,** 14 Petitioner**,** 15 16 **v. 07-5467-ag** 17 **NAC** 18 **ERIC H. HOLDER, JR., UNITED STATES** 19 **ATTORNEY GENERAL,** ***** 20 Respondent **.** 21

**_________________________________________** 22 232 08232010-26 **FOR PETITIONER: Jeffrey E. Baron, Baron, Mundie &** 1 **Shelkin, P.C., New York, New York.** 2 3 **FOR RESPONDENT: Gregory G. Katsas, Acting Assistant** 4 **Attorney General; Mary Jane Candaux,** 5 **Assistant Director; Briena L.** 6 **Strippoli, Trial Attorney, Office of** 7 **Immigration Litigation, United** 8 **States Department of Justice,** 9 **Washington, D.C.** 10 11 UPON DUE CONSIDERATION of this petition for review of a 12 Board of Immigration Appeals (“BIA”) decision, it is hereby 13 ORDERED, ADJUDGED, AND DECREED, that the petition for review 14 is DENIED. 15 Mei Feng Li, a native and citizen of China, seeks 16 review of a November 8, 2007, BIA order denying her motion 17 to reopen. In re Mei Feng Li , No. A078 840 467 (B.I.A. Nov. 18 8, 2007). Li’s motion to reopen was based on her claim that 19 she fears persecution on account of the birth of her U.S. 20 citizen children in violation of China’s family planning 21 policy. For largely the same reasons this Court set forth 22 in Jian Hui Shao v. Mukasey, 546 F.3d 138, 169 (2d Cir. 23 2008), we find no error in the BIA’s decision denying her 24 motion to reopen. See id. at 168-72. Moreover, the BIA 25 reasonably declined to address some of Li’s evidence because 26 she failed to establish that it was unavailable at the time 27 of her merits hearing. See 8 C.F.R. § 1003.2(c)(1); see 28 also INS v. Abudu , 485 U.S. 94, 104-05 (1988). 293 08232010-26 For the foregoing reasons, this petition for review is 1 DENIED. As we have completed our review, any stay of 2 removal that the Court previously granted in this petition 3 is VACATED, and any pending motion for a stay of removal in 4 this petition is DISMISSED as moot. Any pending request for 5 oral argument in this petition is DENIED in accordance with 6 Federal Rule of Appellate Procedure 34(a)(2), and Second 7 Circuit Local Rule 34.1(b). 8

FOR THE COURT: 9 Catherine O’Hagan Wolfe, Clerk 10 11 12