Legal Opinion

Chun Xian Ke v. Mukasey

Court of Appeals for the Second Circuit

Decided September 18, 2008No. 07-4689-agPublished

1Opinion of the Court

SUMMARY ORDER

Petitioner Chun Xian Ke, a native and citizen of the People’s Republic of China, seeks review of the October 12, 2007 order of the BIA denying her motion to reopen. In re Chun Xian Ke, No. A95 855 266 (B.I.A. Oct. 12, 2007). We assume the parties’ familiarity with the underlying facts and procedural history of the case.

*73We review the agency’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). “An abuse of discretion may be found ... where the [BIA’s] decision provides no rational explanation, inexplicably departs…

2Cases cited3 opinions

  1. Immigration & Naturalization Service v. AbuduSupreme Court of the United States · 1988
  2. Sukhraj Kaur v. Board of Immigration AppealsCourt of Appeals for the Second Circuit · 2005
  3. Zhong He Chen v. Board of Immigration AppealsCourt of Appeals for the Second Circuit · 2006

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