PETITION FOR REVIEW OF AN ORDER OF THE BOARD OF IMMIGRATION
J. Yerman and The Yerman Group, LLC on brief, for petitioner.
M. Clay, Attorney, Office of Immigration Litigation, Civil
Division, U.S. Department of Justice, Joseph H. Hunt,
Assistant Attorney General, Civil Division, and Nancy E.
Friedman, Senior Litigation Counsel, on brief, for
Torruella, Lipez, and Kayatta, Circuit Judges.
TORRUELLA, CIRCUIT JUDGE.
Lin ("Lin"), a native and citizen of China,
petitions for review of a Board of Immigration Appeals
("BIA") order denying as untimely her motion to
reopen her earlier removal proceedings because of the
intersection between her recent conversion to Christianity
and changed country conditions in China regarding religious
persecution. Because the BIA did not abuse its discretion in
denying Lin's motion, we deny her petition for review.
born in Changle City, Fujian Province, China. She entered the
United States on November 28, 2001 on a K-1 fiancée
visa, which authorized her to remain in the country for
ninety days. However, Lin overstayed her visa.
fall of 2003, Lin met her husband Wenqiang Weng, whom she
married on October 1, 2007, in Quincy, Massachusetts. They
have two sons together, one born in 2006 and the other in
2008. On December 22, 2013, Lin's husband converted to
Christianity and subsequently brought his family to the
Greater Boston Christ's Mandarin Church. Lin and her
family moved to Sharon, Massachusetts, and have since
regularly attended the Chinese Church of Metro South Boston.
Through the church, Lin also participates in the Sisterhood
Bible study every Tuesday and joins the priest's wife on
Thursdays for prayer and Bible study. On November 12, 2017,
Lin was baptized in the Christian faith. She now preaches her
faith to her sister at family meetings.
to Lin, she fears that she will face persecution if she were
to return to China because she would only attend
unregistered, or underground, Christian churches.
December 3, 2007, the Department of Homeland Security
("DHS") served Lin with a Notice to Appear charging
her as removable under section 237(a)(1)(B) of the
Immigration and Nationality Act, 8 U.S.C. §
1127(a)(1)(B). After receiving the Notice to Appear, Lin
applied for asylum, withholding of removal, and protection
under the Convention Against Torture ("CAT"),
fearing persecution due to her violation of China's
family planning policies. On March 25, 2011, the Immigration
Judge ("IJ") found that Lin could be prevented from
giving birth to future children due to China's family
planning policies and granted her application for asylum. DHS
appealed the IJ's decision to the BIA.
September 27, 2012, the BIA sustained DHS's appeal,
vacated the IJ's decision, and ordered Lin removed to
China. Lin filed a petition for review with this Court that
was denied on July 23, 2013. See Liu Jin Lin
v. Holder, 723 F.3d 300, 308 (1st Cir.
years later, on May 4, 2018, Lin filed a motion to reopen
with the BIA based on her view that allegedly changed country
conditions in China would impact her given her recent
conversion to Christianity. The BIA denied Lin's motion
to reopen, finding that it was time-barred and that the
evidence Lin had submitted of changed country conditions
since her removal proceedings in 2011 did not support an
exception to the time limits. The BIA found that the evidence
reflected that "although there have been reports of the
detention of some members, mostly leaders, of underground, or
'house,' churches and harassment of some church
members," "China continues to allow the practice of
Christianity." Furthermore, "the restrictions on
unregistered religious groups differed in degree and varied
significantly from region to region," and these
restrictions had persisted for many years. The BIA also found
that "the ...