Gao v. Holder

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 12-2635
Decision Date: 
July 12, 2013
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Petition denied
Bd. did not err in denying motion to reopen removal proceedings by alien (native of China) where original asylum petition alleged that alien feared persecution because his wife, who was still in China, had been sterilized under China’s “family-planning” policy, and where instant motion to reopen was based on new allegation that alien would be subjected to persecution because he had recently converted to Christianity. Instant motion to reopen was untimely in that it had been filed one day after applicable 90-day deadline, and alien had failed to allege change in conditions in China to justify late motion. Ct. further noted that alien’s proffered evidence regarding Chinese treatment of Christians was available to alien during original proceedings.