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Ching Fung Siu v. Bureau of Citizenship & Immigration Services
Citation: 336 F. App'x 86Docket: No. 07-4879-ag
Court: Court of Appeals for the Second Circuit; July 7, 2009; Federal Appellate Court
Petitioner Ching Fung Siu, a Chinese national, sought judicial review of the BIA's October 15, 2007 order denying her motion to reopen her case. The review is based on an abuse of discretion standard, and the court assumes familiarity with the case's background. The BIA's denial of Siu's untimely motion to reopen was upheld, as Siu failed to demonstrate material changed country conditions or prima facie eligibility for relief from deportation. The court referenced prior cases affirming the BIA’s discretion in assessing evidence regarding country conditions and noted that it does not resolve evidentiary conflicts, which are within the agency's purview. The BIA's rejection of Siu’s unauthenticated evidence was deemed reasonable given its earlier adverse credibility findings. Although Siu raised an argument about her eligibility for a successive asylum application based on changed personal circumstances, this was found to be foreclosed by existing legal precedent. Siu waived challenges regarding the BIA's refusal to reopen her proceedings sua sponte. Consequently, the petition for review was denied, and any prior stay of removal was vacated with pending motions dismissed as moot. Requests for oral argument were also denied per procedural rules.