Hong Liu Yang v. Lynch
Docket: No. 14-2631
Court: Court of Appeals for the Seventh Circuit; August 4, 2015; Federal Appellate Court
Hong Liu Yang, a 54-year-old Chinese citizen, challenges the denial of her motion to reopen her immigration case, citing her early-stage ovarian cancer and the need for advanced medical care unavailable in China. Yang's immigration history includes entering the U.S. in 1997 on a B-1 visa, marrying a U.S. citizen in 2003, and being granted conditional residence in 2005. Following a divorce in 2006, her conditional status was revoked in 2010 due to a determination that her marriage was not bona fide. Yang was ordered removed in absentia after failing to appear at her hearing. In October 2012, Yang sought to reopen her case based on a new I-130 petition filed by her daughter, asserting changed circumstances. An immigration judge denied her motion, stating she did not demonstrate exceptional circumstances for missing her hearing. Yang later argued to the Board of Immigration Appeals (BIA) that her previous lawyer's ineffectiveness prevented her from receiving proper notice, but the BIA upheld the immigration judge's ruling, finding her situation did not warrant reopening and that her claims were untimely. In her petition for review, Yang concedes that her prior arguments lack merit and requests the court to sua sponte reopen her case based on her cancer diagnosis, which she describes as extraordinary. The court emphasizes that Yang failed to raise this medical argument with the BIA, which limits its jurisdiction to review claims not addressed by the Board. Although Yang could have requested the BIA to reopen her case based on her medical condition, she did not do so in a timely manner. The court concludes that Yang has not identified any other basis for relief and dismisses the petition for review.