Legal Opinion

Cheng Shu Xu v. Holder

Court of Appeals for the Second Circuit

Decided October 29, 2014No. 14-243Unpublished

1Opinion of the Court

SUMMARY ORDER

Petitioner Cheng Shu Xu, a native and citizen of the People’s Republic of China, seeks review of a January 13, 2014, decision of the BIA denying her motion to reopen. In re Cheng Shu Xu, No. A089 253 586 (B.I.A. Jan. 13, 2014). We review the BIA’s denial of a motion to reopen for abuse of discretion. See Kaur v. BIA, 413 F.3d 232, 233 (2d Cir.2005) (per curiam). We assume the parties’ familiarity with the underlying facts and procedural history of the case.

The BIA’s denial of Xu’s motion to reopen as untimely was not an abuse of discretion. A motion to reopen generally must be…

2Cases cited5 opinions

  1. Sukhraj Kaur v. Board of Immigration AppealsCourt of Appeals for the Second Circuit · 2005
  2. Immigration & Naturalization Service v. BagamasbadSupreme Court of the United States · 1976
  3. Rashid v. MukaseyCourt of Appeals for the Second Circuit · 2008
  4. Jian Hua Wang v. Board of Immigration AppealsCourt of Appeals for the Second Circuit · 2007
  5. Zhong He Chen v. Board of Immigration AppealsCourt of Appeals for the Second Circuit · 2006

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