Zhing v. Holder

Zheng, born in1984 in the People’s Republic of China, arrived in the U.S. illegally in 2001. After receiving a Notice to Appear, she filed applications for political asylum, withholding of removal, and protection under the Convention Against Torture, claiming persecution because of her practice of Falun Gong. An IJ rejected Zheng’s applications because her testimony was “rather inconsistent and almost completely unsubstantiated.” The Board affirmed and the Seventh Circuit denied an appeal. Zheng remained in the U.S. and, in 2010, married Jiang, with whom she has two children. In 2011, Zheng sought to reopen proceedings with the Board, based on the birth of her two children and increased enforcement of China’s family planning policy. The Department of Homeland Security opposed Zheng’s motion, arguing that it was not filed within 90 days of entry of a final administrative order of removal (8 U.S.C. 1229a(c)(7)(C)(i)) and was based on changed personal circumstances rather than a change in country conditions. The Board denied the motion. The Seventh Circuit denied review.