Bing Quan Lin v. U.S. Attorney General

Case: 17-10834 Date Filed: 01/31/2018 Page: 1 of 28 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-10834 ________________________ Agency No. A070-651-451 BING QUAN LIN, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (January 31, 2018) Before MARCUS and NEWSOM, Circuit Judges, and MOORE, ∗ District Judge. MARCUS, Circuit Judge: ∗ Honorable William T. Moore, Jr., United States District Judge for the Southern District of Georgia, sitting by designation. Case: 17-10834 Date Filed: 01/31/2018 Page: 2 of 28 Petitioner Bing Quan Lin seeks review of a decision of the Board of Immigration Appeals (“BIA”) denying his motion to reopen removal proceedings. On appeal, Lin raises a variety of claims -- some properly before this Court; some not. As for Lin’s constitutional claims, those challenging the order of removal itself, and those addressing the sufficiency of the Immigration Judge’s order denying the instant motion, the issues were not properly exhausted in immigration proceedings or are otherwise not properly before us, barring our review. As for Lin’s remaining claims challenging the BIA’s decision, we cannot say that the BIA abused its discretion or that its opinion lacked reasoned consideration when it denied Lin’s motion to reopen. Therefore, the petition must be dismissed in part and denied in part. I. A. This case arises out of removal proceedings initiated by the Attorney General against Lin, a native and citizen of China. Lin entered the United States on December 16, 1991. He has presented materials suggesting that he entered at Honolulu, where he was issued an Alien Registration Number (“A-number”) and a form I-122 instructing him to appear before an Immigration Judge (“IJ”) at a time “to be determined later.” The form gives the name of the applicant for admission as “Ping Chuan LIN.” An “Order to Appear [for] Deferred Inspection,” scheduling 2 Case: 17-10834 Date Filed: 01/31/2018 Page: 3 of 28 a hearing on December 17, 1991, also appears in the Administrative Record. In addition, a fingerprint card taken in Honolulu on December 16, 1991, bears the A- number assigned on the I-122 form, the name “LIN Ping Chuan,” and a birthdate of April 1, 1955. Lin claims that he did not understand he was to appear before the Immigration Judge; instead he boarded a plane bound for New York City. In March 1993, Lin sought asylum. He says the application paperwork was prepared for him by an unlicensed practitioner of law. The asylum application gives Lin’s name as “Lin, Bing Quan” and his date of birth as April 1, 1956. That form lists Lin’s place and date of arrival in the United States as Hawaii, December 16, 1991. The application leaves blank spaces for the applicant’s A-number, for “[o]ther names used,” and for the signature of any preparer. It also gives Lin’s immigration status as “E.W.I.,” meaning “entered without inspection.” Lin was issued a new A-number in connection with his asylum application. The application ...

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