505 F. App'x 4
1st Cir.2013Background
- Tsai, a Chinese national, entered the U.S. in 2000 with counterfeit travel documents and sought asylum, with IJ and BIA denying relief.
- Tsai testified inconsistently about his wife’s abortion and contraception, leading to a credibility finding that undermined his asylum claim.
- In 2004 the BIA affirmed the IJ, and this Court denied review, holding the credibility finding supported by substantial evidence.
- In 2011 Tsai filed a motion to reopen, arguing changed country conditions in China; the motion was untimely under 8 C.F.R. § 1003.2(c)(2)-(3).
- Tsai submitted affidavits, letters purportedly from family, hospital records, and a State Department report as evidence of changed conditions.
- The BIA denied the motion to reopen in 2012, finding the evidence did not establish material changes and was not sufficiently authenticated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether BIA abused discretion denying reopening | Tsai argues material changes justified late filing. | Tsai failed to show material, previously unavailable changes. | No abuse; material changes not shown. |
| Role of unauthenticated documents in reopening | Authentication issues should not doom probative evidence. | Lack of authentication properly limits evidentiary weight. | BIA properly weighed unauthenticated docs as to evidentiary value. |
| Use of IJ's adverse credibility finding in motion to reopen | Adverse credibility should not bar new evidence on changed conditions. | Credibility findings remain relevant to weight of new evidence. | BIA within discretion to rely on credibility in evaluating evidence. |
| Self-serving affidavits and letters as to material changed circumstances | Family statements show changed conditions. | Self-serving, lack corroboration, insufficient for material change. | BIA could deem self-serving submissions insufficient. |
Key Cases Cited
- Raza v. Gonzales, 484 F.3d 125 (1st Cir. 2007) (motions to reopen disfavored; heavy burden to show material change)
- Smith v. Holder, 627 F.3d 427 (1st Cir. 2010) (distinction between changed conditions and prima facie asylum eligibility)
- Hang Chen v. Holder, 675 F.3d 100 (1st Cir. 2012) (lack of authentication affects evidentiary value; BIA may weigh accordingly)
- Le Bin Zhu v. Holder, 622 F.3d 87 (1st Cir. 2010) (BIA may deem lack of authentication undermines evidentiary value)
- Zheng v. Mukasey, 546 F.3d 70 (1st Cir. 2008) (self-serving affidavits from petitioner and family are limited evidentiary value)
- Larngar v. Holder, 562 F.3d 71 (1st Cir. 2009) (discrete, sequential inquiries for relief; changed conditions and prima facie case separate tasks)
- In re Coelho, 20 I. & N. Dec. 464 (BIA 1992) (procedural preference for finality; latitude to deny reopening)
- Yan v. Gonzales, 438 F.3d 1249 (10th Cir. 2006) (authentication procedures typically do not require rejection of documents; IJ may assess value)