From Casetext: Smarter Legal Research

Wang v. Ashcroft

United States Court of Appeals, Ninth Circuit
Aug 19, 2003
73 F. App'x 279 (9th Cir. 2003)

Opinion


73 Fed.Appx. 279 (9th Cir. 2003) Xue Ling WANG, Petitioner, v. John ASHCROFT, Attorney General, Respondent. No. 02-72052. BIA No. A77-587-838. United States Court of Appeals, Ninth Circuit. August 19, 2003

Argued and Submitted August 6, 2003.

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

On Petition for Review of an Order of the Board of Immigration Appeals.

Before KOZINSKI, T.G. NELSON, Circuit Judges, and RESTANI, Judge.

The Honorable Jane A. Restani, United States Court of International Trade, sitting by designation.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Wang did not file a petition for review of the underlying removal order. We therefore lack jurisdiction to review it. See 8 U.S.C. § 1252(b).

The Board of Immigration Appeals did not abuse its discretion, Shaar v. INS, 141 F.3d 953, 955 (9th Cir.1998), by denying Wang's untimely filed motion to reopen. New evidence of an already existing circumstance does not constitute a "changed circumstance[ ] arising in the country of

Page 280.

nationality or in the country to which deportation has been ordered." 8 C.F.R. § 3.2(c)(3)(ii).

DENIED.


Summaries of

Wang v. Ashcroft

United States Court of Appeals, Ninth Circuit
Aug 19, 2003
73 F. App'x 279 (9th Cir. 2003)
Case details for

Wang v. Ashcroft

Case Details

Full title:Xue Ling WANG, Petitioner, v. John ASHCROFT, Attorney General, Respondent…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 19, 2003

Citations

73 F. App'x 279 (9th Cir. 2003)