Yuzi Cui v. Merrick Garland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

YUZI CUI, No. 18-72030 Petitioner, Agency No. v. A205-542-606

MERRICK B. GARLAND, Attorney General, OPINION Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted April 15, 2021 Pasadena, California

Filed September 23, 2021

Before: Richard A. Paez and Lawrence VanDyke, Circuit Judges, and Sharon L. Gleason, * District Judge.

Opinion by Judge VanDyke; Partial Concurrence and Partial Dissent by Judge Paez

* The Honorable Sharon L. Gleason, United States District Judge for the District of Alaska, sitting by designation. SUMMARY **

Immigration

Denying Yuzi Cui’s petition for review of a decision of the Board of Immigration Appeals, the panel concluded that the BIA did not abuse its discretion in determining that Cui did not timely file a motion to reopen and did not commit legal error in declining to sua sponte reopen her case.

Cui was ordered removed in absentia on March 4, 2014, and her counsel appealed that order to the…