Background
Jin Liu sought review of a Board of Immigration Appeals decision denying his motion to reopen removal proceedings. Liu had been found removable under specific sections of the Immigration and Nationality Act due to convictions for an aggravated felony and a controlled substance violation. He filed a motion to reopen based on changed country conditions in China, submitting an affidavit from his father, a receipt indicating party membership, photographs of demonstrations, and press releases.
The court’s reasoning
The court determined that the Immigration and Nationality Act deprives it of jurisdiction to review challenges to the denial of asylum and statutory withholding of removal for aliens removable due to criminal offenses. While the court retained jurisdiction over the Convention Against Torture claim, it found Liu’s evidence insufficient. The evidence submitted, including an affidavit and press releases, was too generalized and speculative to establish a reasonable likelihood that Liu would be tortured if removed to China.
What it means going forward
The petition for review was dismissed in part and denied in part, leaving the Board of Immigration Appeals order denying the motion to reopen in effect. The stay of removal will dissolve when the mandate issues.
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