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Li Xu v. Filip
Citation: 308 F. App'x 499Docket: No. 07-4312-ag
Court: Court of Appeals for the Second Circuit; January 27, 2009; Federal Appellate Court
Li Xu, a Chinese national, petitioned for the review of a Board of Immigration Appeals (BIA) order from September 26, 2007, which denied her motion to reopen removal proceedings. The review process assesses whether the BIA abused its discretion, defined as acting arbitrarily or capriciously without rational explanation or established policy. The court affirmed it has jurisdiction to review the BIA's decision, which was based on Xu's failure to demonstrate prima facie eligibility for asylum related to her practice of Falun Gong. The BIA concluded that the evidence Xu submitted was largely identical to that presented in her previous appeal against an Immigration Judge's denial of her asylum application. Additionally, her arguments in the motion to reopen mirrored those made earlier. Since there was no new evidence or change in circumstances, the BIA did not abuse its discretion in denying the motion. Xu's failure to contest the BIA's determination regarding her U.S.-born children was also noted, leading the court to deem that argument waived. Accordingly, the petition for review was denied.