Chen v. Lynch, No. 15-1918 (1st Cir. 2016)
Annotate this CaseIn 2000, Chen entered the U.S. illegally. Luo followed in 2002, with a visitor's visa, which he overstayed. They married 2008. They became members of the China Democracy Party Foundation, a group committed to political reform in China. In removal proceedings, an IJ found Chen removable under 8 U.S.C. 1182(a)(6)(A)(i), as present in the U.S. without having been lawfully admitted or paroled, and found Luo removable under 8 U.S.C. 1227(a)(1)(B), for remaining in the U.S. longer than permitted. They unsuccessfully sought asylum, withholding of removal, and protection under the U.N. Convention Against Torture, arguing that, if repatriated, they would be subject to persecution (or worse) because of their political activities in the U.S. The IJ did not find Chen credible and did not find that the petitioners had carried their burden of proving their claims. After the BIA upheld those denials, they moved to reopen, rather than seeking judicial review. After the motion was denied, three years passed before they filed a second motion to reopen, arguing changed country circumstances. The BIA denied the motion as time-and-number barred and found that the "changed country circumstances" exception did not apply. The First Circuit denied a petition for review, noting that motions to reopen are disfavored because of the compelling public interest in finality and the expeditious processing of immigration proceedings.
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