Wang v. Lynch, No. 14-1845 (1st Cir. 2015)
Annotate this CasePetitioner, a native and citizen of China, was placed in removal proceedings in 1997. Petitioner filed applications for asylum and withholding of removal. In 1998, an immigration judge denied in part the applications based on adverse credibility findings. Petitioner was not removed, however, and remained in the United States. In 2014, Petitioner filed a motion to reopen his asylum and withholding of removal proceedings, arguing that his late motion should not be barred by the ninety-day statutory limit because of evidence demonstrating changed country conditions in China. The Board of Immigration Appeals (BIA) denied Petitioner’s motion to reopen, concluding that the motion did not meet the exception to the time bar for relief based on changed circumstances in Petitioner's country of nationality. The First Circuit denied Petitioner’s petition for review, holding that the BIA did not abuse its discretion in finding that Petitioner’s motion to reopen removal proceedings was time-barred.
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