YUEN JIN, Petitioner,
v.
Michael B. MUKASEY, Attorney General of the United States, Respondent;
Shan Hu Zheng, Petitioner,
v.
Bureau of Citizenship and Immigration Services, Respondent;
Jiao Fang Chen, Petitioner,
v.
United States Department of Justice, Attorney General Michael B. Mukasey, Respondents.
Hua Zeng, Petitioner,
v.
Bureau of Citizenship and Immigration Services, Respondent;
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: December 12, 2007.
Decided: August 15, 2008.
Attorney(s) appearing for the Case
Steven A. Mundie, Baron, Mundie & Shelkin, P.C., New York, N.Y., for Petitioner Jin, No. 05-5485-ag.
Joshua Bardavid (Theodore N. Cox, on the brief), New York, N.Y., for Petitioner Zheng, No. 05-6367-ag.
Yee Ling Poon (Robert Duk-Hwan Kim, the brief), New York, N.Y., for Petitioner Chen, No. 06-0004-ag.
Lorance Hockert, New York, N.Y., for Petitioner Zeng, No. 06-2998-ag.
Mark R. Von Sternberg, C. Mario Russell, Catholic Charities Community Services, New York, N.Y., for Amicus Curiae in Support of Petitioner Zeng in No. 06-26 2998-ag.
Kirti Vaidya Reddy, Assistant United States Attorney, of counsel (Kathy S. Marks, Assistant United States Attorney, of counsel, on the brief), for Michael J. Garcia, United States Attorney for the Southern District of New York, New York, N.Y., for Respondents United States Department of Justice and Attorney General Mukasey in Nos. 05-5485-ag, 06-0004-ag.
Nancy L. Miller, Assistant United States Attorney (Craig Oswald, Assistant United States Attorney, on the brief), for Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois, Chicago, Ill., for Respondent Bureau of Citizenship and Immigration Services in No. 05-6367-ag.
Marvin J. Caughman, Assistant United States Attorney, for Reginald I. Lloyd, United States Attorney for the District of South Carolina, Columbia, S.C., for Respondent Bureau of Citizenship and Immigration Services in No. 06-2998-ag.
Judge SACK concurs in a separate opinion.
United States Court of Appeals, Second Circuit.
JOHN M. WALKER, JR., Circuit Judge:
These cases, argued in tandem, require us to decide whether an alien subject to a final order of removal who files a successive asylum application based only on changed personal circumstances must also file a motion to reopen based on changed country conditions pursuant to 8 C.F.R. § 1003.2(c)(3)(ii), when the ninety-day deadline has passed for such a motion. Petitioners Yuen Jin, Shan Hu Zheng, Jiao Fang Chen, and Hua Zeng...
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