Mu Jin Di Jiang v. Mukasey
Docket: No. 07-5081-ag
Court: Court of Appeals for the Second Circuit; September 16, 2008; Federal Appellate Court
Mu Jin Di Jiang, a native of the People’s Republic of China, sought review of the Board of Immigration Appeals' (BIA) October 19, 2007 order denying his motion to reopen removal proceedings. The court reviews BIA's decisions for abuse of discretion, which may occur if the decision lacks rational explanation or is arbitrary. Jiang's motion to reopen was filed over four years after the BIA's decision affirming the immigration judge's (IJ) denial of relief, making it untimely. The Immigration and Nationality Act requires motions to reopen to be filed within ninety days unless based on changed circumstances that were previously unavailable. The BIA found Jiang did not meet this exception due to an adverse credibility determination from the IJ, which he did not contest. Jiang claimed future persecution based on the same factual grounds as past claims that were deemed not credible by the IJ. The court noted that although future persecution claims can sometimes succeed despite past adverse credibility findings, Jiang failed to overcome the IJ's credibility issues. His submission of new evidence, including a letter from his village committee, was deemed cumulative and insufficient to demonstrate changed country circumstances, thereby not excusing the untimeliness of his motion. Consequently, the court denied Jiang's petition for review, vacated any stay of removal previously granted, and dismissed any pending requests for oral argument as moot.