Filed: Oct. 28, 2014
Latest Update: Mar. 02, 2020
Summary: 12-13; 12-2906; 13-2383 Lin; Tsuo; Liu v. Holder UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATI
Summary: 12-13; 12-2906; 13-2383 Lin; Tsuo; Liu v. Holder UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATIO..
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12-13; 12-2906; 13-2383
Lin; Tsuo; Liu v. Holder
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
SUMMARY ORDER
RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER
FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF
APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER
IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN
ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY ORDER
MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.
1 At a stated term of the United States Court of Appeals
2 for the Second Circuit, held at the Thurgood Marshall United
3 States Courthouse, 40 Foley Square, in the City of New York,
4 on the 28th day of October, two thousand fourteen.
5
6 PRESENT:
7 JON O. NEWMAN,
8 DENNIS JACOBS,
9 PIERRE N. LEVAL,
10 Circuit Judges.
11 ____________________________________
12
13 CUI PING LIN, AKA JULIA CHAN 12-13
14 v. HOLDER
15 A079 408 096
16 ____________________________________
17
18 BAO TSAI TSUO, AKA YONG CHENG, 12-2906
19 AKA BO CAI CAO, AKA BAO CHAI CAO
20 v. HOLDER,
21 A072 971 385
22 ____________________________________
23
24 XUE FANG LIU v. HOLDER, 13-2383
25 A077 322 243
26 ____________________________________
27
28 UPON DUE CONSIDERATION of these petitions for review of
29 Board of Immigration Appeals (“BIA”) decisions, it is hereby
07162014-B3-3-5
1 ORDERED, ADJUDGED, AND DECREED that the petitions for review
2 are DENIED.
3 Each of these petitions challenges a decision of the
4 BIA that denied a motion to reopen. The applicable
5 standards of review are well established. See Jian Hui Shao
6 v. Mukasey,
546 F.3d 138, 168-69 (2d Cir. 2008).
7 Petitioners, all natives and citizens of China, filed
8 motions to reopen based on claims that they fear persecution
9 because they have had one or more children in violation of
10 China’s population control program. For largely the same
11 reasons as this Court set forth in Jian Hui Shao,
546 F.3d
12 138, we find no error in the agency’s determinations that
13 the petitioners failed to demonstrate either materially
14 changed country conditions that would excuse the untimely
15 and number-barred filing of their motions or their prima
16 facie eligibility for relief as to their family planning
17 claims. See
id. at 158-72.
18 We also find no error in the agency’s conclusions that
19 petitioners failed to demonstrate their prima facie
20 eligibility for relief based on their religious practices.
21 See
id. at 169-74.
22
07162014-B3-3-5 2
1 For the foregoing reasons, these petitions for review
2 are DENIED. As we have completed our review, any stay of
3 removal that the Court previously granted in these petitions
4 is VACATED, and any pending motion for a stay of removal in
5 these petitions is DISMISSED as moot. Any pending request
6 for oral argument in these petitions is DENIED in accordance
7 with Federal Rule of Appellate Procedure 34(a)(2), and
8 Second Circuit Local Rule 34.1(b).
9 FOR THE COURT:
10 Catherine O’Hagan Wolfe, Clerk
11
12
13
07162014-B3-3-5 3