FILED
NOT FOR PUBLICATION SEP 22 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
CHIEN HWA SHEN, No. 07-72620
Petitioner, Agency No. A072-969-159
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Chien Hwa Shen, a native and citizen of China, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We
have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
denial of a motion to reopen, He v. Gonzales, 501 F.3d 1128, 1130-31 (9th Cir.
2007), and we deny the petition for review.
The agency did not abuse its discretion in denying Shen’s motion to reopen
as untimely because Shen filed it over three years after the BIA issued its final
removal order, see 8 C.F.R. § 1003.2(c)(2), and Shen failed to demonstrate
changed country conditions to qualify for the regulatory exception to the time limit
for filing motions to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); Lin v. Holder, 588
F.3d 981, 988-989 (9th Cir. 2009) (record did not establish change in family
planning laws or enforcement of such laws that would establish changed country
conditions excusing untimely motion to reopen); He, 501 F.3d at 1132 (the birth of
children outside the country of origin is a change in personal circumstances that is
not sufficient to establish changed circumstances in the country of origin excusing
the untimely filing of a motion to reopen).
Shen’s argument that he is entitled to file a successive asylum application is
foreclosed by this court’s decision in Chen v. Mukasey, 524 F.3d 1028, 1032 (9th
Cir. 2008) (an alien may file a successive asylum application only in connection
with a successful motion to reopen, subject to the time and number limitations).
PETITION FOR REVIEW DENIED.
2 07-72620