Zheng v. Holder

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 12-1698
Decision Date: 
November 27, 2012
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Petition denied
Bd. did not abuse its discretion in denying alien’s motion to reopen removal proceedings based on alien’s claim that return to China would subject her to persecution due to alien having given birth to two children in U.S., and due to China’s increased enforcement of its family planning policy. Instant motion came six years after expiration of normal 90-day period in which to file motion to reopen, and alien failed to show any change in China’s conditions since date of underlying decision that would allow her to file instant motion beyond 90-day period. Also, alien failed to show through documents and Chinese regulations that she would be subjected to sterilization if forced to return to China.