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Xin Qiang Liu v. Lynch

Facts

Liu entered the U.S. without inspection in 1998 and was served with a notice to appear for removal proceedings. He failed to appear at his hearing, leading to an in absentia removal order. After nearly 14 years, Liu filed a motion to rescind the removal order and reopen his case, citing ineffective assistance of counsel and a fear of religious persecution due to his conversion to Christianity. The Immigration Judge denied his motion as untimely and not supported by evidence of changed country conditions.

Liu entered the U.S. without inspection in 1998 and was served with a notice to appear for removal proceedings.

Issue

Whether Liu's motion to reopen his removal proceedings was timely and whether he established changed country conditions that would warrant reopening his case.

Whether Liu's motion to reopen his removal proceedings was timely and whether he established changed country conditions that would warrant reopening his case.

Rule

Under 8 C.F.R. 1003.23(b)(4)(iii)(A)(1), a motion to reopen based on exceptional circumstances must be filed within 180 days of the removal order. Additionally, a motion to reopen may be filed at any time if it is based on changed country conditions that are material and were not available at the previous hearing.

Under 8 C.F.R. 1003.23(b)(4)(iii)(A)(1), a motion to reopen based on exceptional circumstances must be filed within 180 days of the removal order.

Analysis

The court determined that Liu's motion was untimely as it was filed nearly 14 years after the removal order. Liu's claims of ineffective assistance of counsel did not meet the requirements for equitable tolling, as he failed to demonstrate due diligence. Furthermore, the court found that Liu's evidence did not show an intensification of country conditions for Christians in China, but rather a continuation of existing conditions, which did not satisfy the legal standard for reopening based on changed country conditions.

The court determined that Liu's motion was untimely as it was filed nearly 14 years after the removal order.

Conclusion

The First Circuit upheld the BIA's decision, denying Liu's petition for review and affirming the denial of his motion to reopen as untimely and unsupported by sufficient evidence of changed country conditions.

The First Circuit upheld the BIA's decision, denying Liu's petition for review and affirming the denial of his motion to reopen as untimely and unsupported by sufficient evidence of changed country conditions.

Who won?

The government prevailed in the case, as the court found that Liu's motion to reopen was untimely and that he failed to demonstrate changed country conditions.

The government prevailed in the case, as the court found that Liu's motion to reopen was untimely and that he failed to demonstrate changed country conditions.

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