Chion Yin Kong v. Holder

SUMMARY ORDER

Petitioner, Chion Yin Kong, a native and citizen of the People’s Republic of China, seeks review of an October 6, 2008 order of the BIA denying his motion to reopen his exclusion proceedings. In re Kong, No. A 070 078 188 (B.I.A. Oct. 6, 2008). We assume the parties’ familiarity with the underlying facts and procedural history of the case.

We review the BIA’s denial of a motion to reopen for abuse of discretion. Ali v. Gonzales, 448 F.3d 515, 517 (2d Cir.2006). Where the BIA considers relevant evidence of country conditions in evaluating a motion to reopen, we review the BIA’s…