Chun Chen v. Eric H. Holder, Jr., No. 09-3718 (8th Cir. 2010)

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Court Description: Petition for Review - Immigration. The BIA acted within its discretion in denying petitioner's motion to reopen, and the petition for review is denied.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 09-3718 ___________ Chun Yan Chen, Petitioner, v. Eric H. Holder, Jr., Respondent. * * * * Petition for Review of * an Order of the Board * of Immigration Appeals. * * [UNPUBLISHED] * ___________ Submitted: July 14, 2010 Filed: July 20, 2010 ___________ Before MELLOY, BOWMAN, and SMITH, Circuit Judges. ___________ PER CURIAM. Chun Yan Chen, a citizen of China, petitions for review of an order of the Board of Immigration Appeals (BIA) denying her April 2009 motion to reopen. After careful review, we conclude that the BIA acted within its discretion. See Averianova v. Holder, 592 F.3d 931, 936-37 (8th Cir. 2010); Zhong Quin Zheng v. Mukasey, 523 F.3d 893, 895-96 (8th Cir. 2008). Accordingly, we deny the petition for review. ______________________________

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