Xincheng An v. Eric Holder, Jr., No. 14-60099 (5th Cir. 2015)

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Case: 14-60099 Document: 00512890141 Page: 1 Date Filed: 01/06/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-60099 Summary Calendar United States Court of Appeals Fifth Circuit FILED January 6, 2015 XINCHENG AN, Petitioner Lyle W. Cayce Clerk v. ERIC H. HOLDER, JR., U. S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA No. A087 656 822 Before SMITH, BARKSDALE, and PRADO, Circuit Judges. PER CURIAM: * Xincheng An, a native and citizen of China, petitions this court for review of the Board of Immigration Appeals’ decision denying his motion to reopen his removal proceedings (he was ordered to be removed to China in 2011). He contends the BIA abused its discretion in denying his motion to reopen as untimely because he met the changed-circumstances exception due to China’s enforcement of its population control policies. 8 U.S.C. § 1229a(c)(7)(C)(ii). Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. * Case: 14-60099 Document: 00512890141 Page: 2 Date Filed: 01/06/2015 No. 14-60099 Pursuant to our highly deferential review of the denial of a motion to reopen, Zhao v. Gonzalez, 404 F.3d 295, 303 (5th Cir. 2005), An has not shown the BIA abused its discretion in concluding the exception did not apply. E.g., Panjwani v. Gonzales, 401 F.3d 626, 632-33 (5th Cir. 2005). DENIED. 2

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