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ZHAO v. GONZALES

No. 05-2398.

440 F.3d 405 (2005)

Bin ZHAO, Petitioner, v. Alberto R. GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided December 13, 2005.

Published March 8, 2006.

Attorney(s) appearing for the Case

Thomas V. Massucci (submitted), New York, NY, for Petitioner.

Karen Lundgren, Department of Homeland Security Office of the District Counsel, Chicago, IL, Virginia M. Lum, Department of Justice Civil Division, Immigration Litigation, Washington, DC, for Respondent.

Before BAUER, COFFEY, and EVANS, Circuit Judges.

PER CURIAM.

Chinese citizen Bin Zhao wants to reopen his application for asylum, which was based on a fear that he will be persecuted by Chinese police for attending a Falun Gong rally in 1999. Because he waited two years after the BIA denied his claim to file his motion to reopen, the BIA denied it as untimely. Even though his motion was filed past the deadline, Zhao maintains that he satisfied a statutory exception to that...

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