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Li Fang Chen v. United States Department of Justice
Citation: 147 F. App'x 206Docket: Docket No. 03-4228-AG
Court: Court of Appeals for the Second Circuit; August 30, 2005; Federal Appellate Court
The petition for review of the January 28, 2003 order by the Board of Immigration Appeals (BIA) that denied Li Fang Chen's motion for reconsideration is denied. Chen, a Chinese national, sought review following the BIA’s prior order from November 23, 2002, which affirmed an Immigration Judge's (IJ) denial of her applications for asylum, withholding of deportation, and protection under the Convention Against Torture. Chen did not timely appeal the November 2002 decision, limiting the current review to the January 2003 denial of reconsideration. The court reviews the BIA's denial of a motion for reconsideration only for abuse of discretion. It noted that the BIA's denial was based on summary language, indicating that they had considered Chen's arguments but found no warrant for reconsideration, without further explanation. Citing precedent, the court acknowledged that cursory or conclusory statements from the BIA could suggest an abuse of discretion. However, since Chen did not contest this lack of detail or assert that it constituted an abuse of discretion, the court did not further investigate this concern. Additionally, the court clarified that it typically does not address unraised issues unless necessary to prevent manifest injustice, which was not applicable in this case. Consequently, due to Chen's lack of challenge to the BIA's summary order and her waiver of the issue, the petition for review is denied. The legal framework for this case is governed by transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Chen's deportation proceedings began before April 1, 1997.