Caimin Li v. Merrick B. Garland, No. 21-3328 (8th Cir. 2022)
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Petitioner was ordered removed to China after he was convicted of aiding and abetting marriage fraud in order to evade immigration laws and procure his admission to the United States, see 8 U.S.C. Sections 1227(a)(1)(G)(ii), 1325(c), and an immigration judge (IJ) denied his applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT).
The Board of Immigration Appeals (BIA) concluded Petitioner’s motion was untimely and numerically barred, and he was not excused from these bars because he failed to show a material change in country conditions. The BIA also concluded Petitioner failed to show prima facie eligibility for relief. Finally, it declined to exercise its discretion to grant reopening sua sponte.
The Eighth Circuit denied the petition and vacated Petitioner’s stay of removal. The court concluded that the BIA did not abuse its discretion in denying Petitioner’s motion to reopen based on his failure to demonstrate prima facie eligibility for relief. Although Petitioner argued he was not attempting to reassert or relitigate his prior claim, he specifically included the alleged 2005 detention in both his new application and personal statement, and he continued to assert entitlement to relief based on underground Christian churches. The IJ therefore rationally concluded Petitioner’s new claim lacked factual independence. Further, Petitioner proffered no evidence—new or otherwise—to corroborate the alleged 2005 detention, interrogation, and beating.
Court Description: [Grasz, Author, with Gruender and Erickson, Circuit Judges] Petition for Review - Immigration. The agency did not abuse its discretion in denying petitioner's third motion to reopen proceedings based on his failure to demonstrate prima facie eligibility for relief.
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