Narrative Opinion Summary
Hui Chen, representing himself, seeks judicial review of the Board of Immigration Appeals (BIA) decision denying his motion to reconsider the affirmance of Immigration Judge Sandy Horn's rejection of his asylum and withholding claims. The Court evaluates the BIA’s denial of reconsideration for abuse of discretion. A motion to reconsider must be submitted within 30 days of the BIA's prior decision, as stipulated by 8 C.F.R. 1003.2(b)(2). Chen's motion was filed over a year after the BIA's denial, rendering it untimely and justifying the BIA's refusal to reconsider. Consequently, the petition for review is denied. The Court vacates any previously granted stay of removal and denies any pending motions for a stay as moot. Additionally, any requests for oral argument related to this petition are denied per Federal Rule of Appellate Procedure 34(a)(2) and Second Circuit Local Rule 34(d)(1).
Legal Issues Addressed
Abuse of Discretion Standard in Reviewing BIA Decisionssubscribe to see similar legal issues
Application: The court evaluated the denial of Chen's motion to reconsider for abuse of discretion, affirming the BIA's decision due to the untimeliness of the motion.
Reasoning: The Court evaluates the BIA’s denial of reconsideration for abuse of discretion.
Denial of Oral Argument under Federal and Local Appellate Rulessubscribe to see similar legal issues
Application: The court denied any requests for oral argument concerning this petition based on applicable federal and local appellate procedural rules.
Reasoning: Additionally, any requests for oral argument related to this petition are denied per Federal Rule of Appellate Procedure 34(a)(2) and Second Circuit Local Rule 34(d)(1).
Denial of Stay of Removal Upon Denial of Petition for Reviewsubscribe to see similar legal issues
Application: The court denied any pending motions for a stay of removal as moot following the denial of the petition for review.
Reasoning: The Court vacates any previously granted stay of removal and denies any pending motions for a stay as moot.
Timeliness of Motion to Reconsider under 8 C.F.R. 1003.2(b)(2)subscribe to see similar legal issues
Application: The court applied the regulation requiring a motion to reconsider to be filed within 30 days of the BIA's decision, finding Hui Chen's motion untimely as it was filed over a year later.
Reasoning: A motion to reconsider must be submitted within 30 days of the BIA's prior decision, as stipulated by 8 C.F.R. 1003.2(b)(2). Chen's motion was filed over a year after the BIA's denial, rendering it untimely and justifying the BIA's refusal to reconsider.