Dong v. Barr

Summary

The Second Circuit denied review of the BIA's denial of a motion to reopen removal proceedings, holding that the petitioner's conversion to Christianity in the United States was a change in personal circumstances, not a material change in country conditions excusing the untimely filing. The court found no abuse of discretion because the petitioner failed to submit evidence of changed conditions specific to his home province of Fujian, as required where policies vary by region. The timeliness finding was dispositive, and the court did not reach the alternative ruling on prima facie eligibility for asylum, withholding of removal, or CAT relief.

Holdings

1. The BIA did not abuse its discretion because Dong failed to show a material change in conditions in China. His conversion to Christianity was a personal change, not a country condition change. He did not submit evidence of prior conditions or specific evidence of change in Fujian Province.

Questions Presented

1. Whether the BIA abused its discretion in denying the motion to reopen as untimely because Dong failed to demonstrate a material change in country conditions in China, specifically in Fujian Province.

Disposition

denied