11-2980 (L)

Jiang 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.

At a stated term of the United States Court of Appeals

for the Second Circuit, held at the Thurgood Marshall United

States Courthouse, 40 Foley Square, in the City of New York,

on the 25th day of July, two thousand thirteen.

PRESENT:

DENNIS JACOBS,

Chief Judge,

JON O. NEWMAN,

PIERRE N. LEVAL,

Circuit Judges. 

____________________________________

MING ZHING JIANG, AKA KHOAN QUOC 10-625

GIANG v. HOLDER,

A077 994 474

____________________________________

JIN QIU JIANG v. HOLDER, 11-2261

A095 648 663

____________________________________

XIA DONG, MIN JIANG v. HOLDER, 11-2980 (L)

A096 266 560 11-3043 (Con)

A073 176 882

____________________________________

SHUN ZHOU CHEN, AKA MING TUNG LEE 11-3695

v. HOLDER,

A078 066 264

____________________________________

07012013-1-4
UPON DUE CONSIDERATION of these petitions for review of

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

ORDERED, ADJUDGED, AND DECREED that the petitions for review

are DENIED. 

Each of these petitions challenges a decision of the

BIA either affirming a decision of an Immigration Judge

(“IJ”) denying a motion to reopen or denying a motion to

reopen in the first instance. The applicable standards of

review are well-established. See Jian Hui Shao v. Mukasey,

546 F.3d 138, 168-69 (2d Cir. 2008); see also Ke Zhen Zhao

v. U.S. Dep’t of Justice, 265 F.3d 83, 90-91 (2d Cir. 2001).

Petitioners, all natives and citizens of China, filed

motions to reopen based on claims that they fear persecution

because they have had one or more children in violation of

China’s population control program. For largely the same

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

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

158-72. 

Furthermore, in Ming Zhing Jiang v. Holder, No. 10-625

(1), we lack jurisdiction to review the agency’s

discretionary decision declining to reopen proceedings sua

sponte. See Mahmood v. Holder, 570 F.3d 466, 469-70 (2d

Cir. 2009). In Xia Dong, Min Jiang v. Holder, 11-2980 (L),

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11-3043 (Con) (3), the BIA reasonably concluded that

Petitioners failed to demonstrate their prima facie

eligibility for relief on account of their religion. See

Jian Hui Shao, 546 F.3d at 169-72. In Shun Zhou Chen v.

Holder, 11-3695 (4), we find no error in the BIA’s

conclusion that the Petitioner failed to demonstrate

materially changed country conditions regarding the

treatment of Catholics in China that would excuse the

untimely filing of his motion. See 8 U.S.C.

§ 1229a(c)(7)(C); see also Jian Hui Shao, 546 F.3d at 169-

72. 

For the foregoing reasons, these petitions for review

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

removal that the Court previously granted in these petitions

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

these petitions is DISMISSED as moot. Any pending request

for oral argument in these petitions is DENIED in accordance

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

Second Circuit Local Rule 34.1(b).

FOR THE COURT: 

Catherine O’Hagan Wolfe, Clerk

07012013-1-4 3