United States Sixth Circuit

Chinese citizen's petition for review of a decision denying both her motion to reopen asylum proceedings and her successive application for asylum is denied where: 1) there was no abuse of discretion in the BIA's denial of the motion to reopen; and 2) the BIA reasonably interpreted sections 1158(a)2)(D) and 1229a(c)(7)(C)(ii) of Title 8 as requiring an alien subject to a final order of removal for 90 days or more to make a successful motion to reopen her proceedings prior to consideration of a successive application for asylum.

Appellate Information

• Decided 10/08/2008
• Published 10/08/2008

Judges

• Before: BOGGS, Chief Judge;  and GIBBONS and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Gary J. Yerman, Yerman & Associates, New York, New York, for Petitioner.  Nehal H. Kamani, United States Department of Justice, Washington, D.C., for Respondent.