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Qi Zhong Zheng v. Gonzales
Citation: 169 F. App'x 612Docket: No. 04-4593-AGNAC
Court: Court of Appeals for the Second Circuit; February 27, 2006; Federal Appellate Court
The petition for review filed by Qi Zhong Zheng regarding the Board of Immigration Appeals (BIA) decision has been denied. Zheng sought to reopen a February 2003 BIA ruling that upheld an immigration judge's denial of his asylum, withholding of removal, and Convention Against Torture claims. The BIA denied the motion to reopen due to it exceeding the established time and numerical limits, which generally restrict an alien to one motion to reopen within 90 days of the final decision. An exception to this rule requires the alien to demonstrate "changed circumstances" in their home country that were not previously available. Zheng's third motion, filed on June 29, 2004, was significantly late, occurring 16 months after the BIA's dismissal of his appeal. The BIA determined that the evidence Zheng presented, a fine receipt, did not constitute a change since the immigration judge had already considered his claims regarding persecution related to the family planning fine. The BIA's decision was deemed rational and not an abuse of discretion. Consequently, the court vacated any previously granted stay of removal, denied any pending motions for a stay as moot, and denied requests for oral argument.