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Zhen Jiang v. Attorney General of the United States
Citation: 324 F. App'x 196Docket: No. 07-3791
Court: Court of Appeals for the Third Circuit; May 4, 2009; Federal Appellate Court
Zhen Jiang, a native of China, sought to review a decision by the Board of Immigration Appeals (BIA) that denied her motion to reopen her immigration proceedings. Jiang entered the U.S. in 2001 without valid entry documents and was charged with removal shortly after her arrival. An Immigration Judge found her removable and denied her applications for asylum, withholding of removal, and relief under the Convention Against Torture, citing her lack of credibility regarding her claims of fleeing from family planning officials in China. In 2006, Jiang filed a motion to reopen, citing her status as a single mother and fears of forced abortion or sterilization if returned to China due to her violation of family planning policies. She presented new evidence, including regulations from Fujian Province and affidavits, arguing her prima facie eligibility for asylum based on changed circumstances. However, the BIA deemed her motion untimely and found she did not qualify for an exception to the time bar, asserting that her personal circumstances (e.g., having children in the U.S.) did not reflect changed conditions in China. The BIA examined Jiang's submitted evidence, concluding it did not sufficiently demonstrate a risk of forced sterilization upon return. It referenced prior cases and the 2005 U.S. Department of State profile, which indicated that returnees were generally subject to social compensation fees rather than forced sterilization. The BIA also rejected Jiang's contention that she could file a successive asylum application without a motion to reopen. Jiang subsequently filed a petition for review, which is under jurisdiction according to 8 U.S.C. § 1252, with the court reviewing the BIA's decision for abuse of discretion and supporting factual determinations with substantial evidence. Jiang's appeal is denied as her case does not parallel Zheng v. Attorney General, where the BIA failed to adequately address the evidentiary record. The BIA discussed most of Jiang's evidence, even though it did not explicitly reference all her submissions. Jiang's claim of changed country conditions in China, based on the Aird affidavit and the Population and Family Planning Law, lacks substantial support. The BIA noted that neither the letter from Jiang’s father nor the Aird affidavit details forced sterilization incidents for returnees with U.S.-born children. The 2005 Profile indicates no forced sterilizations and merely outlines fees for families in Fujian Province. Evidence from Jiang's relatives regarding past sterilizations does not demonstrate a change in conditions for those returning with U.S.-born children. Furthermore, Jiang’s claims for asylum and related protections were not sufficiently addressed by the BIA, and thus these arguments are not properly before the court. Jiang's assertion that the BIA ignored her evidence is contradicted by the BIA's decision. Her reliance on prior case law, such as Guo v. Gonzales, is misplaced, as she has not shown the BIA overlooked material evidence. Additionally, she does not contest the BIA's ruling that successive asylum applications require a motion to reopen, which aligns with existing regulations following removal proceedings.