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Jian Chen v. Bureau of Citizenship & Immigration Services
Citation: 340 F. App'x 719Docket: No. 08-0063-ag
Court: Court of Appeals for the Second Circuit; August 6, 2009; Federal Appellate Court
Petitioner Jian Chen, a Chinese national, sought a review of the BIA's December 26, 2007 order denying his motion to reopen his immigration case. The court reviews such denials for abuse of discretion and considers the agency's factual findings under the substantial evidence standard when evaluating country conditions. The court determined that the BIA correctly denied Chen's untimely motion to reopen, noting an error in stating that he argued solely based on changed personal circumstances was immaterial since the BIA reviewed the evidence and found that Chen did not establish changed country conditions. Chen contested the BIA's conclusion regarding his failure to demonstrate material changed country conditions or prima facie eligibility for relief. However, the court upheld the BIA's findings, referencing prior cases where similar evidence was deemed insufficient to establish a reasonable fear of persecution. Chen's claim of eligibility for a successive asylum application due to changed personal circumstances was also dismissed, referencing the precedent set in Yuen Jin v. Mukasey. As a result, the petition for review was denied, the previously granted stay of removal was vacated, any pending motions for a stay were dismissed as moot, and requests for oral argument were denied per applicable procedural rules.