Jin Da Lin v. Holder

MEMORANDUM ***

Jin Dan Lin (Lin), a native and citizen of China, petitions for review of an order by the Board of Immigration Appeals (BIA) denying her motion to reopen and her request to file a successive asylum application.

1.The BIA did not abuse its discretion in denying Lin’s motion, filed more than 90 days after the entry of the agency’s final administrative order, as time barred, because Lin failed to establish a change in country conditions. See 8 U.S.C. § 1229a(c)(7)(C)(i), (C)(ii) (requiring that a change in country conditions be shown to avoid the 90-day time bar); see also Chen v. Mukasey, 524 F.3d 1028, 1080 (9th Cir.2008) (same). Unlike the proceedings in Shou Yung Guo v. Gonzales, 463 F.3d 109 (2d Cir.2006), the record reflects that the BIA considered the evidence offered by Lin to demonstrate changed country conditions. The BIA did not abuse its discretion in determining that the evidence was insufficient to establish a change in China’s enforcement of its one-child policy, because the documents do not address Lin’s marriage to a United States citizen, were not clearly unavailable prior to the initial removal hearings, or lacked sufficient authentication. See He…