Yan Qing Cao v. Holder
Docket: No. 07-4707-ag
Court: Court of Appeals for the Second Circuit; August 18, 2009; Federal Appellate Court
Petitioner Yan Qing Cao, a citizen of China, sought review of the Board of Immigration Appeals (BIA) order dated September 28, 2007, which denied her motion to reopen her case. The court reviews the BIA's denial for abuse of discretion and assesses factual findings under the substantial evidence standard when country conditions are considered. Cao's motion to reopen was deemed untimely and barred by numerical limitations. She contended that the BIA erred by not recognizing material changed country conditions that would excuse these limitations. However, the court found no error in the BIA’s conclusion, citing previous cases where similar evidence was deemed insufficient. The court emphasized that resolving conflicts in evidence is primarily the agency's responsibility. Cao also argued that the BIA abused its discretion by not considering evidence from another case. The court clarified that it was Cao’s responsibility to present evidence for her motion and would not remand the case for the agency to consider extra-record evidence. Additionally, although Cao filed her motion after a relevant court decision, she failed to include certain documents in her motion, undermining her position. The court ultimately denied the petition for review, vacated any prior stay of removal, dismissed any pending motion for a stay as moot, and denied a request for oral argument.