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Pan v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Mar 21, 2018
No. 15-73192 (9th Cir. Mar. 21, 2018)

Opinion

No. 15-73192

03-21-2018

AN-DI PAN, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A072-337-286 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 16, 2018 San Francisco, California Before: WALLACE and BERZON, Circuit Judges, and MUELLER, District Judge.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

The Honorable Kimberly J. Mueller, United States District Judge for the Eastern District of California, sitting by designation. --------

Pan petitions for review of the Board of Immigration Appeals' denial of his motion to reopen deportation proceedings. We review for an abuse of discretion, He v. Gonzales, 501 F.3d 1128, 1130 (9th Cir. 2007), and deny the petition. Pan failed to show an increase in the enforcement of China's sterilization or other population control policies since his final order of deportation in 1994. Feng Gui Lin v. Holder, 588 F.3d 981, 988-89 (9th Cir. 2009). At most, the evidence Pan submitted shows a continuation of existing policies. Because Pan has provided insufficient support to excuse his untimely motion to reopen, the Board did not abuse its discretion when it denied the motion. He, 501 F.3d at 1133. We do not consider Pan's asylum claim. Feng Gui Lin, 588 F.3d at 989.

PETITION DENIED.


Summaries of

Pan v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Mar 21, 2018
No. 15-73192 (9th Cir. Mar. 21, 2018)
Case details for

Pan v. Sessions

Case Details

Full title:AN-DI PAN, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney General…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Mar 21, 2018

Citations

No. 15-73192 (9th Cir. Mar. 21, 2018)