Filed: Aug. 22, 2016
Latest Update: Mar. 03, 2020
Summary: 14-4612 Jiang v. Lynch BIA A200 601 917 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 “SUMMA
Summary: 14-4612 Jiang v. Lynch BIA A200 601 917 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 “SUMMAR..
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14-4612
Jiang v. Lynch
BIA
A200 601 917
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 TO 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 for
2 the Second Circuit, held at the Thurgood Marshall United States
3 Courthouse, 40 Foley Square, in the City of New York, on the
4 22nd day of August, two thousand sixteen.
5
6 PRESENT:
7 JOHN M. WALKER, JR.,
8 DENNIS JACOBS,
9 CHRISTOPHER F. DRONEY,
10 Circuit Judges.
11 _____________________________________
12
13 LING LING JIANG,
14 Petitioner,
15
16 v. 14-4612
17 NAC
18 LORETTA E. LYNCH, UNITED STATES
19 ATTORNEY GENERAL,
20 Respondent.
21 _____________________________________
22
23 FOR PETITIONER: Mona Liza Fabular Lao, New York, New
24 York.
25
26 FOR RESPONDENT: Benjamin C. Mizer, Principal Deputy
27 Assistant Attorney General;
28 Jennifer P. Levings, Senior
29 Litigation Counsel; Jennifer R.
30 Khouri, Trial Attorney, Office of
1 Immigration Litigation, United
2 States Department of Justice,
3 Washington, D.C.
4
5 UPON DUE CONSIDERATION of this petition for review of a
6 Board of Immigration Appeals (“BIA”) decision, it is hereby
7 ORDERED, ADJUDGED, AND DECREED that the petition for review is
8 DENIED.
9 Petitioner Ling Ling Jiang, a native and citizen of the
10 People’s Republic of China, seeks review of a November 20, 2014,
11 decision of the BIA denying her motion to reopen. In re Ling
12 Ling Jiang, No. A200 601 917 (B.I.A. Nov. 20, 2014). We assume
13 the parties’ familiarity with the underlying facts and
14 procedural history in this case.
15 “We review the denial of motions to reopen immigration
16 proceedings for abuse of discretion, mindful that motions to
17 reopen ‘are disfavored.’” Ali v. Gonzales, 448 F.3d 515, 517
18 (2d Cir. 2006) (quoting INS v. Doherty,
502 U.S. 314, 323
19 (1992)). A movant’s failure to establish a prima facie case
20 for the underlying substantive relief sought is a proper basis
21 for declining to reopen. See INS v. Abudu,
485 U.S. 94, 104
22 (1988).
2
1 The BIA did not abuse its discretion. The BIA reasonably
2 gave diminished weight to the unsworn letters from Jiang’s
3 father and uncle and to the unsigned and unauthenticated village
4 committee announcement. See Y.C. v. Holder, 741 F.3d 324, 334
5 (2d Cir. 2013) (deferring to agency’s decision to afford little
6 weight to letter stating that Chinese authorities were looking
7 for petitioner because the letter was unsworn and from an
8 interested witness); Xiao Ji Chen v. U.S. Dep’t of Justice, 471
9 F.3d 315, 342 (2d Cir. 2006) (the weight accorded to documentary
10 evidence is largely within agency’s discretion); In re H-L-H-
11 & Z-Y-Z-, 25 I. & N. Dec. 209, 215 (BIA 2010) (giving diminished
12 weight to letters from relatives because they were from
13 interested witnesses not subject to cross-examination), rev’d
14 on other grounds by Hui Lin Huang v. Holder,
677 F.3d 130 (2d
15 Cir. 2012). Further, the village committee notice is
16 handwritten, it is not signed by any official, and it is unclear
17 why or how a notary public (as opposed to the issuing office
18 or officer) would be able to authenticate that document after
19 the fact. Accordingly, Jiang failed to sustain her burden of
20 demonstrating that she would be individually targeted because
3
1 of her religion. See 8 C.F.R. § 1208.13(b)(2)(iii); Hongsheng
2 Leng v. Mukasey, 528 F.3d 135, 142-43 (2d Cir. 2008).
3 Absent reliable evidence that she would be singled out for
4 persecution, Jiang had to demonstrate a pattern or practice of
5 persecution of Christians in China. 8 C.F.R.
6 § 1208.13(b)(2)(iii). The remaining country conditions
7 evidence did not establish that Jiang’s alleged fear was
8 objectively reasonable. Ramsameachire v. Ashcroft,
357 F.3d
9 169, 178 (2d Cir. 2004) (setting forth requirement that fear
10 be objectively reasonable). The country conditions reports
11 reflected a large number of Christians practicing in China and
12 that the treatment of those practitioners varies by region.
13 Accordingly, the agency did not err in determining that Jiang
14 failed to demonstrate systemic or pervasive persecution of
15 similarly situated Christians sufficient to demonstrate a
16 pattern or practice of persecution in China. See 8 C.F.R.
17 § 1208.13(b)(2)(iii); Hongsheng
Leng, 528 F.3d at 142-43; In
18 re A-M-, 23 I. & N. Dec. 737, 741 (BIA 2005).
19 Because Jiang failed to demonstrate her prima facie
20 eligibility for relief, the BIA did not abuse its discretion
21 in denying her motion to reopen. See
Abudu, 485 U.S. at 104.
4
1 For the foregoing reasons, the petition for review is
2 DENIED. As we have completed our review, any stay of removal
3 that the Court previously granted in this petition is VACATED,
4 and any pending motion for a stay of removal in this petition
5 is DISMISSED as moot. Any pending request for oral argument
6 in this petition is DENIED in accordance with Federal Rule of
7 Appellate Procedure 34(a)(2), and Second Circuit Local Rule
8 34.1(b).
9 FOR THE COURT:
10 Catherine O’Hagan Wolfe, Clerk
5
