11-5161
Ye v. Holder
BIA
A097 852 417
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
SUMMARY ORDER
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At a stated term of the United States Court of Appeals
for the Second Circuit, held at the Thurgood Marshall United
States Courthouse, 40 Foley Square, in the City of New York,
on the 21st day of October, two thousand thirteen.
PRESENT:
ROBERT D. SACK,
PETER W. HALL,
SUSAN L. CARNEY,
Circuit Judges.
_____________________________________
TING YE,
Petitioner,
v. 11-5161
NAC
ERIC H. HOLDER, JR., UNITED STATES
ATTORNEY GENERAL,
Respondent.
____________________________________
FOR PETITIONER: Benjamin B. Xue, New York, New York.
FOR RESPONDENT: Stuart D. Delery, Acting Assistant
Attorney General; Blair T. O’Connor,
Assistant Director; Edward C.
Durant, Attorney; Office of
Immigration Litigation, Civil
Division, United States Department
of Justice, Washington, D.C.
UPON DUE CONSIDERATION of this petition for review of a
Board of Immigration Appeals (“BIA”) decision, it is hereby
ORDERED, ADJUDGED, AND DECREED that the petition for review
is DISMISSED in part and DENIED in part.
Petitioner Ting Ye, a native and citizen of the
People’s Republic of China, seeks review of a November 17,
2011, order of the BIA denying Ye’s motion to reconsider its
February 2011 decision denying her motion to reopen.
In re Ting Ye, No. A097 852 417 (B.I.A. Nov. 17, 2011). We
assume the parties’ familiarity with the underlying facts
and procedural history in this case.
We review the BIA’s denial of a motion to reconsider
for abuse of discretion. See Jin Ming Liu v. Gonzales, 439
F.3d 109, 111 (2d Cir. 2006) (per curiam). “An abuse of
discretion may be found . . . where the [BIA’s] decision
provides no rational explanation, inexplicably departs from
established policies, is devoid of any reasoning, or
contains only summary or conclusory statements; that is to
say, where the Board has acted in an arbitrary or capricious
manner.” Ke Zhen Zhao v. U.S. Dep’t of Justice, 265 F.3d 83,
93 (2d Cir. 2001) (internal citations omitted).
Ye argues that the BIA abused its discretion when, in
February 2011, it denied her motion to reopen. However,
because Ye’s petition for review was timely only with
respect to the BIA’s November 2011 decision denying her
motion to reconsider, we lack jurisdiction to consider her
arguments challenging the BIA’s February 2011 decision and
dismiss the petition to this extent. See 8 U.S.C.
§ 1252(b)(1); Stone v. INS, 514 U.S. 386, 405 (1995)
(requiring separate timely petitions for review of separate
orders of the BIA). Further, because Ye has failed
sufficiently to challenge the BIA’s November 2011 decision
before this Court, we deem any such arguments waived.
See Yueqing Zhang v. Gonzales, 426 F.3d 540, 541 n.1, 545
n.7 (2d Cir. 2005).
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For the foregoing reasons, the petition for review is
DISMISSED in part and DENIED in part. As we have completed
our review, any pending motion for a stay of removal in this
petition is DISMISSED as moot.
FOR THE COURT:
Catherine O’Hagan Wolfe, Clerk
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