Cheng Yu v. Eric Holder, Jr.

MEMORANDUM

Cheng Yu, a native and citizen of the People’s Republic of China, petitions for review of the Board of Immigration Appeals’ (BIA) denial of his motion to reopen proceedings involving his claims for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review the BIA’s denial of Yu’s motion to reopen for abuse of discretion, and we review purely legal questions, including Yu’s due process claim, de novo. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003).

The BIA acted within its discretion in denying Yu’s motion as untimely. Yu neither filed his motion to reopen within ninety days of the final administrative order, nor satisfied the regulatory exception to this deadline by presenting new, credible, and material evidence of changed conditions in China. See 8 U.S.C. § 1229a(c)(7)(C)(i)-(ii); see also 8 C.F.R. § 1003.2 (c)(3)(ii). We reject Yu’s contention that all doubts should be resolved in favor of the alien. See INS v. Abudu, 485 U.S. 94, 109-10 , 108 S.Ct. 904 , 99 L.Ed.2d 90 (1988) (explaining, in the context of a motion to reopen deportation proceedings, that it has…