Shu Hua Tan v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM **
Shu Hua Tan, a citizen of the People’s Republic of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his motion to reconsider.
I.
Petitioner arrived in the United States on March 29, 1988. On April 2, 1988, the INS initiated deportation proceedings against him. Petitioner failed to appear at his hearing, and was ordered removed in absentia on August 81,1988.
On June 11, 1992, Petitioner moved to reopen the proceedings based upon his marriage to a citizen of the United States. Petitioner claimed that he never received notice of the earlier hearing. The Immigration Judge denied the motion, and the BIA affirmed on April 8, 1996. Petitioner did not seek judicial review of the BIA’s decision.
On March 24, 1997, Petitioner filed a second motion to reopen directly with the BIA. Petitioner based this motion on the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. § 1101 (a)(42), which designated a well-founded fear of involuntary sterilization as a basis upon which to apply for asylum. 1 Petitioner also based this second motion to reopen on his status as the father of two children (born November 2, 1991 and…