Xiang Qin Zheng v. Attorney General of the United States

NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 12-4435 ___________ XIANG QIN ZHENG, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES, Respondent ____________________________________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A073-477-996) Immigration Judge: Honorable William Strasser ____________________________________ Submitted Pursuant to Third Circuit LAR 34.1(a) May 1, 2013 Before: SCIRICA, VANASKIE and COWEN, Circuit Judges (Opinion filed: May 15, 2013) _________ OPINION _________ PER CURIAM Xiang Qin Zheng, a citizen of the People’s Republic of China, seeks review of a Board of Immigration Appeals (BIA) decision denying his motion to reopen. Having carefully considered the record,1 we conclude that the BIA’s decision—holding that Zheng failed to show materially changed circumstances in China sufficient to allow him to benefit from the exception to the general 90-day limitations period for motions to reopen, see 8 U.S.C. § 1229a(c)(7)(C)(i)–(ii)—was not ―arbitrary, irrational, or contrary to law,‖ and hence was not an abuse of discretion. Lin v. Att’y Gen., 700 F.3d 683, 685 (3d Cir. 2012) (internal quotation marks and citation omitted). Zheng did not show that conditions for Christians in China have materially worsened since the original immigration proceedings in his case. A change in personal circumstances, standing alone, cannot suffice to meet his burden. See Khan v. Att’y Gen., 691 F.3d 488, 497–98 (3d Cir. 2012). Accordingly, the petition for review will be denied. 1 We have jurisdiction pursuant to 8 U.S.C. § 1252. Because the parties are our primary audience, we need not recite the facts of the case. 2