Narrative Opinion Summary
Wang did not file a petition for review regarding the removal order, resulting in a lack of jurisdiction to review the case under 8 U.S.C. § 1252(b). The Board of Immigration Appeals (BIA) did not abuse its discretion in denying Wang's motion to reopen, which was filed untimely. The new evidence presented did not meet the criteria for a “changed circumstance” as defined by 8 C.F.R. § 3.2(e)(3)(ii), since it pertained to an existing situation rather than a new development in Wang's country of nationality or the country of deportation. The decision is denied and is not suitable for publication, nor can it be cited in courts within this circuit, as per Ninth Circuit Rule 36-3.
Legal Issues Addressed
Abuse of Discretion by the Board of Immigration Appealssubscribe to see similar legal issues
Application: The BIA did not abuse its discretion when it denied the motion to reopen due to its untimely filing.
Reasoning: The Board of Immigration Appeals (BIA) did not abuse its discretion in denying Wang's motion to reopen, which was filed untimely.
Criteria for Changed Circumstances Under 8 C.F.R. § 3.2(e)(3)(ii)subscribe to see similar legal issues
Application: The evidence presented did not qualify as a 'changed circumstance' since it related to an existing issue rather than a new development.
Reasoning: The new evidence presented did not meet the criteria for a 'changed circumstance' as defined by 8 C.F.R. § 3.2(e)(3)(ii), since it pertained to an existing situation rather than a new development in Wang's country of nationality or the country of deportation.
Jurisdiction Under 8 U.S.C. § 1252(b)subscribe to see similar legal issues
Application: The court lacks jurisdiction to review a case when a petition for review of the removal order is not filed.
Reasoning: Wang did not file a petition for review regarding the removal order, resulting in a lack of jurisdiction to review the case under 8 U.S.C. § 1252(b).
Publication and Citation Restrictions Under Ninth Circuit Rule 36-3subscribe to see similar legal issues
Application: The decision is not publishable and cannot be cited in courts within the Ninth Circuit.
Reasoning: The decision is denied and is not suitable for publication, nor can it be cited in courts within this circuit, as per Ninth Circuit Rule 36-3.