Zhu Qiang Chen v. Ashcroft

Good Law
51 F. App'x 672
United States Court of Appeals for the Ninth CircuitNovember 19, 2002No. 01-71443; INS No. A76-280-047California858 words

Opinion

Lead Opinion

MEMORANDUM *

Zhu Qiang Chen has petitioned for review of the denial of his motion to reopen his removal proceedings so that he can apply for asylum proceedings based on an alleged change in the conditions in the People’s Republic of China

(“China”) that occurred after his application for asylum was denied. We conclude that the petition for review must be denied because he failed to submit affidavits or other evidentiary material to support his motion as required pursuant to 8 C.F.R. § 3.2 (c).

I

Chen arrived at Guam on January 30, 1999. Because he did not possess a valid entry document or labor certification issued by the Secretary of Labor, Chen was ordered to appear before an Immigration Judge (“IJ”) to show why he should not be removed from the United States.

At his removal proceedings, Chen admitted that he did not have a valid entry document or labor certification and conceded that he was subject to removal. On August 12, 1999, Chen filed an application for asylum and withholding of deportation. He alleged he had a well-founded fear of persecution because he and his family violated China’s population control policies. After the hearing, the application was denied on…

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