Chun Wang v. United States Department of Justice
Docket: Docket No. 03-4231
Court: Court of Appeals for the Second Circuit; August 9, 2005; Federal Appellate Court
The petition for review submitted by Chun Wang, a citizen of the People’s Republic of China, has been denied. Wang sought to reopen his asylum application and withholding of removal claims under the Immigration and Nationality Act (INA) following the Board of Immigration Appeals (BIA) decision. He argued eligibility for adjustment of status under INA § 245 due to an I-140 alien worker petition approved after his departure deadline. The BIA ruled Wang ineligible for adjustment because he did not depart within the required thirty days of his final removal order, resulting in a five-year bar on relief under former INA § 242B(e)(2)(A). Wang claimed “exceptional circumstances” should exempt him from the five-year bar, but the court clarified that such circumstances must involve physical impossibility or moral imperative, which his situation does not meet. He further contended inadequate notice regarding the consequences of failing to depart voluntarily; however, the record indicates he received adequate notice. Additional arguments proposed by Wang—including claims of errors in voluntary departure, misinterpretation of the five-year bar timeline, and due process violations at his removal hearing—were also rejected as meritless. Consequently, the petition for review and the motion for a stay of deportation have both been denied.