Li v. Holder, No. 10-274 (2d Cir. 2014)Annotate this Case
Petitioner, a native and citizen of the People's Republic of China, sought review of the BIA's order affirming the IJ's denial of her motion to reopen. Petitioner contended that her prior deportation proceedings were void ab initio because exclusion proceedings at the port of entry were the only appropriate procedure for determining whether she could enter into and remain in the United States. The court concluded, however, that petitioner conceded to the charge of deportability at her hearing before the IJ and did not attempt to terminate the proceedings until filing her motion to reopen over nine years after the deportation order became effective. The court rejected petitioner's remaining arguments, finding them to be without merit. Accordingly, the court denied the petition for review.