United States Second Circuit
Jin v. Mukasey, 05-5485, 05-6367, 06-0004, 06-2998
Petitions for review of decision denying successive asylum applications of Chinese citizen petitioners are denied where, in light of a recent published BIA decision to which Chevron deference is accorded, an alien who is subject to a final removal order and who wishes to file a successive asylum application must do so in conjunction with a motion to reopen, and thus may not do so based solely on changed personal circumstances. Any stay of removal granted previously is vacated and any pending stay of removal is dismissed as moot.
Appellate Information
- Decided 08/15/2008
- Published 08/15/2008
Judges
- Before: WALKER, CABRANES, and SACK, Circuit Judges.
Court
- United States Second Circuit
Counsel
- For Appellant:
- Steven A. Mundie, Baron, Mundie & Shelkin, P.C., New York, N.Y., for Petitioner Jin, No. 05-5485-ag., Joshua Bardavid (Theodore N. Cox, on the brief), New York, N.Y., for Petitioner Zheng, No. 05-6367-ag., Yee Ling Poon (Robert Duk-Hwan Kim, the brief), New York, N.Y., for Petitioner Chen, No. 06-0004-ag., Lorance Hockert, New York, N.Y., for Petitioner Zeng, No. 06-2998-ag., Mark R. Von Sternberg, C. Mario Russell, Catholic Charities Community Services, New York, N.Y., for Amicus Curiae in Support of Petitioner Zeng in No. 06-26 2998-ag.
- For Appellees:
- Kirti Vaidya Reddy, Assistant United States Attorney, of counsel (Kathy S. Marks, Assistant United States Attorney, of counsel, on the brief), for Michael J. Garcia, United States Attorney for the Southern District of New York, New York, N.Y., for Respondents United States Department of Justice and Attorney General Mukasey in Nos. 05-5485-ag, 06-0004-ag., Nancy L. Miller, Assistant United States Attorney (Craig Oswald, Assistant United States Attorney, on the brief), for Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois, Chicago, Ill., for Respondent Bureau of Citizenship and Immigration Services in No. 05-6367-ag., Marvin J. Caughman, Assistant United States Attorney, for Reginald I. Lloyd, United States Attorney for the District of South Carolina, Columbia, S.C., for Respondent Bureau of Citizenship and Immigration Services in No. 06-2998-ag.