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appealmotionasylumdeportation
appealmotionasylumdeportation

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Guo Shou Wu v. Holder

Facts

Wu, a native of Fujian Province, China, unlawfully entered the United States in 1995. After being charged with deportation in 1996, he married in 2002 and had a child in 2003. Wu filed a motion to reopen his immigration proceedings in 2005, claiming a change in circumstances due to the birth of a second child, but the BIA denied his motion as untimely and barred by restrictions on successive asylum applications.

Wu, a native of Fujian Province, China, unlawfully entered the United States in 1995. After being charged with deportation in 1996, he married in 2002 and had a child in 2003. Wu filed a motion to reopen his immigration proceedings in 2005, claiming a change in circumstances due to the birth of a second child, but the BIA denied his motion as untimely and barred by restrictions on successive asylum applications.

Issue

Did the BIA err in denying Wu's motion to reopen his immigration proceedings based on changed personal circumstances and changed country conditions?

Did the BIA err in denying Wu's motion to reopen his immigration proceedings based on changed personal circumstances and changed country conditions?

Rule

The BIA may deny a motion to reopen if the movant fails to make a prima facie showing of eligibility for the underlying substantive relief, and a motion to reopen for consideration of an asylum application is subject to time and numerical limitations unless the alien establishes eligibility for the changed-country-conditions exception.

The BIA may deny a motion to reopen if the movant fails to make a prima facie showing of eligibility for the underlying substantive relief, and a motion to reopen for consideration of an asylum application is subject to time and numerical limitations unless the alien establishes eligibility for the changed-country-conditions exception.

Analysis

The court applied the rule by determining that Wu's claim of changed personal circumstances due to the birth of his second child did not meet the exceptions to the limitations on motions to reopen. Furthermore, the BIA found that Wu could not establish a well-founded fear of forced sterilization, as he failed to provide evidence that parents returning to China with children born abroad were subjected to such treatment.

The court applied the rule by determining that Wu's claim of changed personal circumstances due to the birth of his second child did not meet the exceptions to the limitations on motions to reopen. Furthermore, the BIA found that Wu could not establish a well-founded fear of forced sterilization, as he failed to provide evidence that parents returning to China with children born abroad were subjected to such treatment.

Conclusion

The court denied the petition for review and affirmed the BIA's decision, concluding that Wu did not demonstrate a well-founded fear of persecution.

The court denied the petition for review and affirmed the BIA's decision, concluding that Wu did not demonstrate a well-founded fear of persecution.

Who won?

The prevailing party is the Board of Immigration Appeals (BIA), as the court upheld its decision to deny Wu's motion to reopen based on the lack of evidence for his claims.

The prevailing party is the Board of Immigration Appeals (BIA), as the court upheld its decision to deny Wu's motion to reopen based on the lack of evidence for his claims.

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