Zhong Jiang v. U.S. Attorney General

USCA11 Case: 21-13472 Date Filed: 07/25/2022 Page: 1 of 11 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 21-13472 Non-Argument Calendar ____________________ ZHONG JIANG, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ____________________ Petition for Review of a Decision of the Board of Immigration Appeals Agency No. A096-112-273 ____________________ USCA11 Case: 21-13472 Date Filed: 07/25/2022 Page: 2 of 11 2 Opinion of the Court 21-13472 Before ROSENBAUM, JILL PRYOR, and BRANCH, Circuit Judges. PER CURIAM: Zhong Jiang petitions for our review of the Board of Immi- gration Appeals’s (“BIA”) order denying his motion to reopen his removal proceedings. He contends that, since his final order of re- moval in 2005, his conversion to Christianity and the materially changed conditions in China regarding the treatment of Christians warrant reopening his proceedings. Upon consideration, we find that the BIA did not abuse its discretion in denying Jiang’s motion based on his failure to establish a material change in conditions in China to overcome the 90-day time bar. So we deny Jiang’s petition for review. I. A. Initial Removal Proceedings Jiang is a native and citizen of China. He entered the United States at the Atlanta airport and applied for a Visa waiver. Jiang filed an I-589 application for asylum, withholding of removal, and relief under the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (“CAT”), alleging he was persecuted in China for his association with Falun Gong.1 1 Falun Gong is a new religious movement in China that blends aspects of Taoism, Buddhism, and the meditation techniques of Qigong (a traditional USCA11 Case: 21-13472 Date Filed: 07/25/2022 Page: 3 of 11 21-13472 Opinion of the Court 3 In support of his I-589 application, Jiang provided the 2002 country report on China published by the U.S. State Department. The country report stated that while China’s constitution allowed for religious freedom, in reality, the government was cracking down against unregistered religious groups. According to the re- port, the Chinese government targeted underground Protestant and Catholic groups, as well as groups that it considered to be cults like Falun Gong. The report found that all religious groups were required to register with the State. It also stated that the leaders of unauthorized religious groups were the target of harassment, in- terrogations, detention, and physical abuse. An Immigration Judge (“IJ”) held a hearing in May 2003. Jiang testified that he came to the United States because he was a member of Falun Gong and was persecuted in China. He said that he practiced Falun Gong in private with another member. Jiang attested he was afraid to return to China because he would be ar- rested. He asserted that he would continue to practice Falun Gong if he returned to China. The IJ found that Jiang’s testimony was not credible. It de- termined that there was no nexus between any persecution Jiang feared and his practice of Falun Gong because he practiced in martial art) …

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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals