Qiu Quiang-Li v. Loretta E. Lynch

Good Law
616 F. App'x 303
United States Court of Appeals for the Ninth CircuitSeptember 9, 201511-72820California380 words

Opinion

Opinion

MEMORANDUM

Qiu Quiang-Li petitions for review of the decision of the Board of Immigration Appeals (BIA) denying his motion to reopen his removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 , we review for an abuse of discretion, see Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir.2010), and we deny the petition.

1.The BIA did not misstate the basis of Quiang-Li’s motion to reopen. Although the BIA noted that Quiang-Li’s conversion to Christianity was a change in personal circumstances that did not qualify as a change in country conditions, the Board went on to address, and reject, Quiang-Li’s argument regarding changed country conditions in China. See Chandra v. Holder, 751 F.3d 1034, 1038-39 (9th Cir.2014) (holding that'a petitioner’s untimely motion to reopen may qualify under the changed conditions exception, even if the changed country conditions are made relevant by a change in the petitioner’s personal circumstances, so long as the petitioner ultimately establishes not only a change in personal circumstances but also a change in country conditions).

2. Substantial ^evidence supports the BIA’s conclusion that Quiang-Li failed to establish a material change in…

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