PAN v. SESSIONS III (2018)

United States Court of Appeals, Ninth Circuit.

An-Di PAN, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent.

No. 15-73192

Decided: March 21, 2018

Before: WALLACE and BERZON, Circuit Judges, and MUELLER,** District Judge.

Gary J. Yerman, Esquire, The Yerman Group, LLC, New York, NY, for Petitioner Jason Wisecup, DOJ—U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent

MEMORANDUM ***

Pan petitions for review of the Board of Immigration Appeals’ denial of his motion to reopen deportation proceedings. We review for an abuse of discretion, He v. Gonzales, 501 F.3d 1128, 1130 (9th Cir. 2007), and deny the petition. Pan failed to show an increase in the enforcement of China’s sterilization or other population control policies since his final order of deportation in 1994. Feng Gui Lin v. Holder, 588 F.3d 981, 988-89 (9th Cir. 2009). At most, the evidence Pan submitted shows a continuation of existing policies. Because Pan has provided insufficient support to excuse his untimely motion to reopen, the Board did not abuse its discretion when it denied the motion. He, 501 F.3d at 1133. We do not consider Pan’s asylum claim. Feng Gui Lin, 588 F.3d at 989.

PETITION DENIED.

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