Xiao Ying Liu v. United States Department of Justice

Summary

The United States Court of Appeals for the Second Circuit denied Xiao Ying Liu and Shi Yu Li’s petition for review of the Board of Immigration Appeals’ denial of their untimely motion to reopen. The court held that the petitioners failed to demonstrate materially changed country conditions sufficient to excuse the filing deadline and vacated any stay of removal.

Holdings

1. A court reviews the agency's denial of a motion to reopen for abuse of discretion.
2. When the agency considers relevant evidence of country conditions in evaluating a motion to reopen, its factual findings are reviewed under the substantial-evidence standard.
3. The BIA did not err in denying petitioners' untimely motion to reopen because petitioners failed to demonstrate materially changed country conditions sufficient to excuse the filing limitation.

Questions Presented

1. Whether the BIA abused its discretion by denying petitioners' untimely motion to reopen for failure to demonstrate materially changed country conditions sufficient to excuse the filing deadline.
2. Whether the BIA failed to consider petitioners' particularized evidence regarding changed country conditions.

Disposition

denied