Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
You Gui Zhu v. United States Department of Justice
Citation: 159 F. App'x 274Docket: No. 04-1768-AG
Court: Court of Appeals for the Second Circuit; December 13, 2005; Federal Appellate Court
The petition for review of the Board of Immigration Appeals (BIA) decision is denied. You Gui Zhu challenged the BIA's March 8, 2004 decision, which denied his motion to reconsider the BIA's earlier denial of his motion to reopen a final order of removal issued on January 22, 2004. The court reviews BIA's denial of a motion to reconsider for abuse of discretion, which can occur if the decision lacks a rational explanation, deviates from established policies, or is arbitrary. In this case, the court clarified that it does not review the merits of the underlying claim but focuses on the adequacy of the reconsideration request. Zhu’s motion failed to specify errors of fact or law and merely reiterated arguments already rejected by the BIA. Consequently, the BIA did not abuse its discretion in denying the motion for reconsideration. As a result, both Zhu's petition for review and his motion for a stay of removal are denied.