Yan Qing Cao v. Holder

Summary

The Second Circuit denied Yan Qing Cao’s petition for review of the BIA’s denial of her untimely and number-barred motion to reopen. The court held that Cao did not establish materially changed country conditions, that the BIA was not required to consider evidence from another case that Cao had not submitted, and that remand for consideration of extra-record evidence was unwarranted.

Holdings

1. The BIA did not abuse its discretion in denying Cao's untimely and number-barred motion to reopen because Cao failed to demonstrate materially changed country conditions sufficient to excuse the time and numerical limitations.
2. The BIA did not abuse its discretion by declining to consider evidence that Cao had not submitted in support of her motion merely because the evidence appeared in the record of another case.
3. The court would not remand for the agency to consider evidence outside the record.

Questions Presented

1. Whether the BIA abused its discretion by denying Cao's untimely and number-barred motion to reopen for failure to establish materially changed country conditions.
2. Whether the BIA was required to consider evidence that was not submitted in Cao's case but appeared in the record of a different case.
3. Whether the Second Circuit should remand for the agency to consider extra-record evidence.

Disposition

writ_denied