Bo Lin v. Holder , 447 F. App'x 283 ( 2012 )


Menu:
  • 11-1688-ag
    Lin v. Holder
    BIA
    A073 535 210
    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 Daniel Patrick Moynihan
    United States Courthouse, 500 Pearl Street, in the City of
    New York, on the 31st day of January, two thousand twelve.
    PRESENT:
    JOSEPH M. MCLAUGHLIN,
    DEBRA ANN LIVINGSTON,
    GERARD E. LYNCH,
    Circuit Judges.
    _______________________________________
    Bo Lin,
    Petitioner,
    v.                                      11-1688-ag
    NAC
    ERIC H. HOLDER, JR., UNITED STATES
    ATTORNEY GENERAL,
    Respondent.
    _______________________________________
    FOR PETITIONERS:                     Eric Y. Zheng, New York, New
    York.
    FOR RESPONDENT:                      Tony West, Assistant Attorney
    General; Richard M. Evans,
    Assistant Director; Ann Carroll
    Varnon, Trial Attorney, Office
    of Immigration Litigation,
    United States Department of
    Justice, Washington, D.C.
    UPON DUE CONSIDERATION of this petition for review of a
    decision of the Board of Immigration Appeals (“BIA”), it is
    hereby ORDERED, ADJUDGED, AND DECREED, that the petition for
    review is DENIED.
    Bo Lin, a native and citizen of China, seeks review of
    an April 11, 2011, order of the BIA denying his motion to
    reopen removal proceedings.     See In re Bo Lin, No. 073 535
    210 (B.I.A. Apr. 11, 2011).     We assume the parties’
    familiarity with the underlying facts and procedural history
    of this case.
    We review the BIA’s denial of a motion to reopen for
    abuse of discretion.     See Ali v. Gonzales, 
    448 F.3d 515
    , 517
    (2d Cir. 2006).     Here, the BIA did not abuse its discretion
    in denying Lin’s 2010 motion to reopen as untimely and
    numerically barred because it was filed nearly twelve years
    after his final order of removal, and after three previous
    motions to reopen.     See 8 U.S.C. § 1229a(c)(7)(c)(i).
    Although the time limits on motions to reopen may be
    excused when the movant demonstrates changed country
    conditions, 8 U.S.C. § 1229a(c)(7)(C)(ii), we agree with the
    2
    BIA that only Lin’s personal circumstances had changed.
    Lin’s claim was based on the fact that he converted to
    Christianity while in the United States.   Our legal system
    does not permit aliens “to disregard their orders and remain
    in the United States long enough to change their personal
    circumstances (e.g., by having children or practicing a
    persecuted religion) and initiate new proceedings via a new
    asylum application.”   Yuen Jin v. Mukasey, 
    538 F.3d 143
    ,
    151-56 (2d Cir. 2008); see also Wei Guang Wang v. BIA, 
    437 F.3d 270
    , 274 (2d Cir. 2006).
    As to the evidence Lin submitted describing worsened
    conditions for Christians in China, substantial evidence
    supports the BIA’s conclusion that the evidence did not
    relate specifically to him, and any claim that he would be
    persecuted was “speculative at best.”   See Jian Xing Huang
    v. U.S. INS, 
    421 F.3d 125
    , 129 (2d Cir. 2005); see also
    Hongsheng Leng v. Mukasey, 
    528 F.3d 135
    , 142-43 (2d Cir.
    2008).   Finally, we conclude that the BIA properly declined
    to credit Lin’s remaining evidence based on the finding, in
    the initial proceedings, that he was not credible.   See Qin
    Wen Zheng v. Gonzales, 
    500 F.3d 143
    , 146-49 (2d Cir. 2007).
    3
    For the foregoing reasons, the petition for review is
    DENIED.   As we have completed our review, the pending motion
    for a stay of removal in this petition is DENIED as moot.
    FOR THE COURT:
    Catherine O’Hagan Wolfe, Clerk
    4