Qiu Feng Zheng v. Bureau of Citizenship & Immigration Services

472 F. App'x 91

• Court: Court of Appeals for the Second Circuit
• Decided: July 23, 2012
• Docket: 10-1849-ag, 10-2010-ag, 10-2072-ag, 10-2364-ag, 10-2867-ag 10-2933-ag, 10-3734-ag, 10-3821-ag, 10-3993-ag, 10-4123-ag
• Status: Unpublished

Opinion

SUMMARY ORDER

Each of these petitions challenges a decision of the BIA denying a motion to reopen. The applicable standards of review are well-established. See Jian Hui Shao v. Mukasey, 546 F.3d 138, 157-58, 168-69 (2d Cir.2008).

Petitioners, all natives and citizens of China, filed Petitioners, all natives and citizens of China, filed motions to reopen based on their claims that they fear persecution because they have had one or more children in violation of China’s population control program. For largely the same reasons as this Court set forth in Jian Hui Shao, 546 F.3d 138, we find no error in the BIA’s decisions. See id. at 158-72. Moreover, the BIA did not err in declining to credit the petitioners’ unauthenticated evidence in light of the agency’s underlying adverse credibility determinations. See Qin Wen Zheng v. Gonzales, 500 F.3d 143, 146-47 (2d Cir.2007).

In Maoli Dong v. Holder, No. 10-2072-ag, (3) we are without jurisdiction to consider the petitioner’s argument that the BIA should have reopened his proceedings as a matter of discretion. See Ali v. Gonzales, 448 F.3d 515, 518 (2d Cir.2006). In Li Bin Zhao v. Holder, No. 10-2364-ag, (4) there is no merit to the petitioner’s argument that motions to reopen seeking relief under the Convention Against Torture (“CAT”) are excused from the applicable time and numerical limitations. See 8 U.S.C. § 1229a(c)(7) (providing the time and numerical limitations applicable to motions to reopen); cf. 8 C.F.R. § 1208.18(b)(2) (excusing the time and numerical limitations for filing a motion to reopen to seek CAT relief only for aliens whose removal orders became final prior to March 22, 1999 and who moved to reopen proceedings before June 21, 1999).

For the foregoing reasons, these petitions for review are DENIED. As we have completed our review, any stay of removal that the Court previously granted in these petitions is VACATED, and any pending motion for a stay of removal in these petitions is DISMISSED as moot. Any pending request for oral argument in these petitions is DENIED in accordance with Federal Rule of Appellate Procedure 34(a)(2), and Second Circuit Local Rule 34.1(b).