No. 04-4238-AG(NAC).

436 F.3d 76 (2006)

Jie CHEN, Petitioner, v. Alberto GONZALES, Respondent.

United States Court of Appeals, Second Circuit.

Decided: January 24, 2006.

Attorney(s) appearing for the Case

Joan Xie, New York, NY, for Petitioner.

Dennis C. Carletta, Assistant United States Attorney (Christopher J. Christie, United States Attorney for the District of New Jersey, on the brief), Office of the United States Attorney for the District of New Jersey, Newark, NJ, for Respondent.

Before: McLAUGHLIN, CABRANES, and RAGGI, Circuit Judges.


Defendant Jie Chen, a native and citizen of the People's Republic of China, appeals from a July 15, 2004 Order of the Board of Immigration Appeals ("BIA") denying the motion he submitted to the BIA on May 27, 2003. That motion requested that the BIA "reconsider or reopen" its April 22, 2003 Order dismissing Chen's appeal of a January 24, 2002 decision of an immigration judge ("IJ") denying his request for asylum, withholding of removal, and relief under...

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