18-454, 19-954 Kadria v. Barr BIA A078 280 103 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT=S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 23rd day of July, two thousand nineteen. PRESENT: JON O. NEWMAN, DEBRA ANN LIVINGSTON, RICHARD J. SULLIVAN, Circuit Judges. _____________________________________ LAHIM KADRIA, Petitioner, 18-454, v. 19-954 NAC WILLIAM P. BARR, UNITED STATES ATTORNEY GENERAL, Respondent. _____________________________________ FOR PETITIONER: Marialaina L. Masi, Jeffrey Chase, On the Brief; Michael P. DiRaimondo, DiRaimondo & Masi, PC, Bohemia, NY. FOR RESPONDENT: Joseph H. Hunt, Assistant Attorney General; Anthony C. Payne, Assistant Director; Alexander J. Lutz, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, DC. UPON DUE CONSIDERATION of these petitions for review of Board of Immigration Appeals (“BIA”) decisions, it is hereby ORDERED, ADJUDGED, AND DECREED that the petitions for review are DENIED. Petitioner Lahim Kadria, a native and citizen of Albania, seeks review of (1) a January 31, 2018 decision of the BIA denying a motion to reconsider and reopen, and (2) an April 3, 2019 decision denying a subsequent motion to reopen, In re Lahim Kadria, No. A078 280 103 (B.I.A. Jan. 31, 2018 & Apr. 3, 2019). We assume the parties’ familiarity with the underlying facts and procedural history in this case. A. Docket Number 18-454 Because this petition is timely filed only as to the BIA’s January 2018 decision denying his motion to reconsider and reopen, our review is limited to that decision and we may not consider any challenge to the agency’s underlying decisions ordering Kadria removed, denying asylum, and denying earlier motions to reopen. See Ke Zhen Zhao v. U.S. Dep’t of Justice, 265 F.3d 83, 89-90 (2d Cir. 2001). We review the denial of motions to reconsider and reopen for 2 abuse of discretion and any country conditions determinations for substantial evidence. Jian Hui Shao v. Mukasey, 546 F.3d 138, 168-69, 173 (2d Cir. 2008). The BIA properly construed Kadria’s September 2017 motion as seeking reconsideration insofar as it challenged the most recent denial of reopening, and as seeking reopening insofar as it sought to present new evidence. See Ke Zhen Zhao, 265 F.3d at 90-91. For the reasons discussed below, the BIA did not abuse its discretion in denying the motion under either construction. 1. Motion to Reconsider A motion ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals