Biping Zhou v. Holder
Docket: No. 08-5613-ag
Court: Court of Appeals for the Second Circuit; July 16, 2009; Federal Appellate Court
Biping Zhou, a citizen of China, sought review of the BIA's October 27, 2008 order denying his motion to reopen deportation proceedings and file a successive asylum application. The BIA's denial was reviewed for abuse of discretion, adhering to the principle that motions to reopen are generally disfavored. Zhou's motion was untimely, filed in August 2008, while the BIA's final order had been issued in May 1997. Although there are exceptions for motions based on changed country conditions, Zhou failed to provide sufficient evidence of such changes. The BIA determined that Zhou's claims of political activity related to the China Democracy Party constituted a change in personal circumstances rather than country conditions, which Zhou did not contest in his appeal, leading to a waiver of that argument. Moreover, while Zhou submitted a membership card, media articles, and a State Department report excerpt, he did not provide evidence of actual participation in political activities, as claims made in his motion drafted by counsel do not count as evidence. Zhou's affidavit included only a vague assertion regarding his political activities. Zhou also pointed to a State Department report indicating an increase in arrests of dissidents and tighter press restrictions as evidence of changed country conditions. However, the BIA concluded that this did not fulfill Zhou's burden of proof necessary to establish eligibility for relief. Consequently, the petition for review was denied.