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.
Gui Xing Wang v. Mukasey
Citation: 305 F. App'x 729Docket: No. 08-1701-ag
Court: Court of Appeals for the Second Circuit; January 5, 2009; Federal Appellate Court
Gui Xing Wang, a Chinese national, seeks judicial review of a March 21, 2008 order from the Board of Immigration Appeals (BIA) that denied his motion to reopen removal proceedings. The BIA's decision was based on the motion being untimely and on Wang's failure to demonstrate due diligence in pursuing his claims of ineffective assistance from his former attorney. Wang’s current appeal does not contest the BIA's finding on ineffective assistance, resulting in a waiver of that argument. Wang raises two primary issues: first, that the BIA erred in upholding the Immigration Judge’s (IJ) adverse credibility determination; second, that he experienced past persecution in China and fears future persecution due to unchanged country conditions. However, the court lacks jurisdiction to review these arguments as they pertain to the IJ's 2000 decision and the BIA’s 2003 order. Additionally, Attorney Andre Sobolevsky has represented Wang in multiple petitions that were denied or dismissed due to waiving relevant arguments. The court has referred Sobolevsky to the Grievance Panel due to this pattern. Consequently, Wang’s petition for review is denied, and his motion for a stay of removal is dismissed as moot.