Yong Shi v. Holder
Docket: No. 08-2287-ag
Court: Court of Appeals for the Second Circuit; August 6, 2009; Federal Appellate Court
Petitioner Yong Shi, a Chinese national, seeks judicial review of a Board of Immigration Appeals (BIA) order affirming an Immigration Judge's (IJ) decision denying his motion to reopen and to file a successive asylum application. The BIA’s decision, dated April 18, 2008, upheld the IJ's January 24, 2008 ruling. The court reviews the IJ's decision supplemented by the BIA, focusing on whether there was an abuse of discretion in denying the motion to reopen. Shi contends that the BIA improperly relied on its precedential decisions, concluding he did not demonstrate materially changed country conditions necessary to bypass the limitations on filing such a motion. However, the court found no error in the BIA's assessment, referencing past cases where similar evidence was deemed insufficient to establish changed conditions or a reasonable fear of persecution. The court affirmed that it does not resolve conflicts in evidence, which is the agency's responsibility, and noted no significant translation errors in a cited State Department report that would undermine the BIA's conclusions. Consequently, the court denied the petition for review, vacated any previously granted stay of removal, dismissed any pending motions for a stay as moot, and denied requests for oral argument.