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appealhearingmotionasylum
appealhearingmotionasylum

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Bi Feng Liu v. Holder

Facts

Bi Feng Liu, born in Fujian Province, China, entered the United States without valid documentation in 2001. After being charged with removal for entering without valid documents, he changed venues multiple times and ultimately failed to appear at a scheduled hearing in Memphis, resulting in an in absentia order of removal. Over a year later, Liu joined the China Democratic Party in New York and filed a motion to reopen his removal proceedings, citing changed conditions in China and his personal circumstances.

Bi Feng Liu, born in Fujian Province, China, entered the United States without valid documentation in 2001. After being charged with removal for entering without valid documents, he changed venues multiple times and ultimately failed to appear at a scheduled hearing in Memphis, resulting in an in absentia order of removal. Over a year later, Liu joined the China Democratic Party in New York and filed a motion to reopen his removal proceedings, citing changed conditions in China and his personal circumstances.

Issue

Did the Board of Immigration Appeals abuse its discretion in denying Liu's motion to reopen his removal proceedings based on alleged changed country and personal conditions?

Did the Board of Immigration Appeals abuse its discretion in denying Liu's motion to reopen his removal proceedings based on alleged changed country and personal conditions?

Rule

An alien may file a motion to reopen removal proceedings based on changed country conditions, but such a motion must be filed within 90 days of the final order of removal unless it is based on evidence that was not available at the previous hearing.

An alien may file a motion to reopen removal proceedings based on changed country conditions, but such a motion must be filed within 90 days of the final order of removal unless it is based on evidence that was not available at the previous hearing.

Analysis

The court determined that Liu's motion to reopen was procedurally defaulted because he failed to attach an asylum application as required. Additionally, the evidence he presented did not demonstrate a material change in country conditions that would justify reopening his case. The BIA found that Liu's evidence of personal circumstances did not suffice without corresponding changes in country conditions.

The court determined that Liu's motion to reopen was procedurally defaulted because he failed to attach an asylum application as required. Additionally, the evidence he presented did not demonstrate a material change in country conditions that would justify reopening his case. The BIA found that Liu's evidence of personal circumstances did not suffice without corresponding changes in country conditions.

Conclusion

The court upheld the BIA's decision, concluding that there was no abuse of discretion in denying Liu's motion to reopen his removal proceedings.

The court upheld the BIA's decision, concluding that there was no abuse of discretion in denying Liu's motion to reopen his removal proceedings.

Who won?

Holder (the government) prevailed because the court found that the BIA acted within its discretion in denying Liu's motion to reopen.

Holder (the government) prevailed because the court found that the BIA acted within its discretion in denying Liu's motion to reopen.

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