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Yan Liu v. Holder
Citation: 324 F. App'x 598Docket: No. 06-74686
Court: Court of Appeals for the Ninth Circuit; April 27, 2009; Federal Appellate Court
Yan Liu, a Chinese national, petitions for review of the Board of Immigration Appeals (BIA) order of removal, which denied Liu's motion to remand for asylum application. The court has jurisdiction under 8 U.S.C. § 1252 and reviews the BIA's denial for abuse of discretion. Liu's petition is denied because he opted to pursue adjustment of status and voluntary departure instead of asylum during immigration proceedings. Additionally, Liu did not demonstrate reasonable cause for submitting a late asylum application. The court emphasizes that a motion to remand must fulfill all criteria of a motion to reopen, which are treated equivalently. The BIA's denial of a motion to reopen can only be reversed if deemed arbitrary, irrational, or contrary to law. The petition for review is denied, and the decision is not published as precedent except under specific circuit rules.