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No. 8641382
United States Court of Appeals for the Ninth Circuit
Cheng Fei v. Gonzales
No. 8641382 · Decided June 1, 2007
No. 8641382·Ninth Circuit · 2007·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
June 1, 2007
Citation
No. 8641382
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Cheng Fei, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for abuse of discretion, see Konstantinova v. INS, 195 F.3d 528, 529 (9th Cir.1999), we grant the petition for review and remand for further proceedings. The BIA abused its discretion by not addressing Fei’s claim of changed circumstances based on a Chinese official’s threat to sterilize him if he returns to China. See, e.g., id. (“The BIA abuses its discretion when it ... disregards important aspects of the alien’s claim.”). We grant the petition and remand for further proceedings. PETITION FOR REVIEW GRANTED; REMANDED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Cheng Fei, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings.
Key Points
01MEMORANDUM ** Cheng Fei, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings.
02INS, 195 F.3d 528, 529 (9th Cir.1999), we grant the petition for review and remand for further proceedings.
03The BIA abused its discretion by not addressing Fei’s claim of changed circumstances based on a Chinese official’s threat to sterilize him if he returns to China.
04This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir.
Frequently Asked Questions
MEMORANDUM ** Cheng Fei, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings.
FlawCheck shows no negative treatment for Cheng Fei v. Gonzales in the current circuit citation data.
This case was decided on June 1, 2007.
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