Lin v. Holder

Petitioner, a native and citizen of the People's Republic of China, sought review of the BIA's order denying his second motion to reopen removal proceedings. The court concluded that Chen v. Holder is materially distinguishable from the petition here; on the merits, the BIA did not abuse its discretion in determining that petitioner's submissions did not establish changed country conditions in China related to the enforcement of the one-child policy; and the BIA did not err in concluding that the evidence did not support a finding that China's sterilization policies would be applied to petitioner. Further, the BIA did not abuse its discretion in determining that petitioner's evidence was not sufficient to discredit the findings in the 2007 Profile. Accordingly, the court denied the petition for review. View "Lin v. Holder" on Justia Law