Xiang Qin Zheng v. Attorney General of the United States ( 2013 )

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 12-4435
___________
XIANG QIN ZHENG,
Petitioner
v.
ATTORNEY GENERAL OF THE UNITED STATES,
Respondent
____________________________________
On Petition for Review of an Order of the
Board of Immigration Appeals
(Agency No. A073-477-996)
Immigration Judge: Honorable William Strasser
____________________________________
Submitted Pursuant to Third Circuit LAR 34.1(a)
May 1, 2013
Before: SCIRICA, VANASKIE and COWEN, Circuit Judges
(Opinion filed: May 15, 2013)
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OPINION
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PER CURIAM
Xiang Qin Zheng, a citizen of the People’s Republic of China, seeks review of a
Board of Immigration Appeals (BIA) decision denying his motion to reopen. Having
carefully considered the record,1 we conclude that the BIA’s decision—holding that
Zheng failed to show materially changed circumstances in China sufficient to allow him
to benefit from the exception to the general 90-day limitations period for motions to
reopen, see 8 U.S.C. § 1229a(c)(7)(C)(i)–(ii)—was not ―arbitrary, irrational, or contrary
to law,‖ and hence was not an abuse of discretion. Lin v. Att’y Gen., 700 F.3d 683, 685
(3d Cir. 2012) (internal quotation marks and citation omitted). Zheng did not show that
conditions for Christians in China have materially worsened since the original
immigration proceedings in his case. A change in personal circumstances, standing
alone, cannot suffice to meet his burden. See Khan v. Att’y Gen., 691 F.3d 488, 497–98
(3d Cir. 2012). Accordingly, the petition for review will be denied.
1
We have jurisdiction pursuant to 8 U.S.C. § 1252. Because the parties are our primary
audience, we need not recite the facts of the case.
2