Shao Hui Zhang v. United States Department of Justice

Summary

The Second Circuit denied Shao Hui Zhang’s petition for review of the BIA’s denial of his untimely motion to reopen. The court held that Zhang had not shown materially changed country conditions sufficient to excuse the filing deadline and found no basis to conclude that the BIA ignored relevant evidence.

Holdings

1. The BIA did not abuse its discretion in denying Zhang's untimely motion to reopen because Zhang failed to establish materially changed country conditions sufficient to excuse the filing deadline.
2. The record did not compel the conclusion that the BIA ignored Zhang's evidence.

Questions Presented

1. Whether the BIA abused its discretion by denying Zhang's untimely motion to reopen for failure to demonstrate materially changed country conditions sufficient to excuse the filing deadline.
2. Whether the BIA improperly ignored or failed to address the evidence Zhang submitted concerning country conditions.

Disposition

writ_denied