Legal Opinion

Xiu Ling Chen v. Eric H. Holder, Jr.

Court of Appeals for the Eighth Circuit

Decided May 13, 2014No. 13-1103PublishedCited by 12 opinions

1Opinion of the Court

KELLY, Circuit Judge.

Xiu Ling Chen petitions for review of an order by the Board of Immigration Appeals (“BIA”) denying her motion to reopen her application for asylum, withholding of removal and protection under Article III of the Convention Against Torture (“CAT”). Because she has failed to present previously unavailable, material evidence to support reopening her case, we deny the petition.

I. Background

Chen was born in Changle (sometimes spelled Chang Le) City in the Fujian Province of China. She arrived in the United States on January 3, 2001, without admission or inspection. She…

2Cases cited15 opinions

  1. Kucana v. HolderSupreme Court of the United States · 2010
  2. Ji Cheng Ni v. Eric H. Holder, Jr.Court of Appeals for the Seventh Circuit · 2013
  3. Ngengwe v. MukaseyCourt of Appeals for the Eighth Circuit · 2008
  4. Jani Strato v. John Ashcroft, United States Attorney General, Marjeta Lloli v. John Ashcroft, United States Attorney GeneralCourt of Appeals for the Eighth Circuit · 2004
  5. Makatengkeng v. GonzalesCourt of Appeals for the Eighth Circuit · 2007

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3Cited by12 opinions

  1. Jose Refugio Gomez-Gutierrez v. Loretta E. LynchCourt of Appeals for the Eighth Circuit · 2016
  2. Jose Perez-Garcia v. Loretta E. LynchCourt of Appeals for the Eighth Circuit · 2016
  3. Mark Tettey Kom Degbe v. Jefferson B. Sessions, IIICourt of Appeals for the Eighth Circuit · 2018
  4. Eluid Villatoro-Ochoa v. Loretta E. LynchCourt of Appeals for the Eighth Circuit · 2017
  5. Alexander Arroyo-Sosa v. Merrick GarlandCourt of Appeals for the Eighth Circuit · 2023

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