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Kai Wang Yang v. Board of Immigration Appeals
Citation: 177 F. App'x 190Docket: No. 05-0845-ag
Court: Court of Appeals for the Second Circuit; April 24, 2006; Federal Appellate Court
Kai Wang Yang's petition for review of the February 2005 decision by the Board of Immigration Appeals (BIA), which denied his motion to reopen removal proceedings, was considered. The court reviews the BIA's denial for abuse of discretion, defined as a decision lacking rational explanation, deviating from established policies, or being arbitrary or capricious. Yang argued that the BIA made errors, but the court found no such errors in the BIA's decision, affirming that the BIA did not abuse its discretion. The BIA determined that Yang's participation in protest groups in the U.S. did not sufficiently support a claim for withholding of deportation or asylum, referencing precedent cases. The BIA noted that Yang's evidence did not convincingly demonstrate that the Chinese government was aware of his activities, undermining his claim of persecution. The immigration judge (IJ) had previously found Yang's evidence of past persecution not credible, and Yang had been informed that the inconsistencies in his claims were a significant weakness. The IJ highlighted Yang's failure to provide corroborating evidence from his brother in Ohio, which Yang did not address in his motion to reopen. The new evidence submitted was similar to that in his first motion, which had already been deemed inadequate to resolve inconsistencies regarding his experiences in China. Consequently, the BIA found that Yang did not establish a prima facie case for asylum. Additionally, the court ruled that there was no due process violation in the IJ's denial of Yang's case without a new hearing, given the thorough consideration his claim received throughout the proceedings. Thus, the petition for review was denied, any prior stay of removal was vacated, and any pending motions related to the stay were deemed moot. Requests for oral argument were also denied.