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No. 8689388
United States Court of Appeals for the Ninth Circuit
Ying Li v. Mukasey
No. 8689388 · Decided September 24, 2008
No. 8689388·Ninth Circuit · 2008·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
September 24, 2008
Citation
No. 8689388
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Ying Li, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) order denying her motion to reopen removal proceedings conducted in absentia. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for abuse of discretion, Celis-Castellano v. Ashcroft, 298 F.3d 888, 891-92 (9th Cir.2002), we deny the petition for review. The IJ did not abuse her discretion in denying Li’s motion to reopen because the accompanying declaration and doctor’s note were insufficient to establish “exceptional circumstances” under 8 U.S.C. § 1229a(e)(1). Even if we were to consider the extra-record documents submitted by Li, as the IJ noted, the doctor’s note lacks detail regarding Li’s diagnosis and does not indicate the severity of her condition or the administered treatment. See Celis-Castellano, 298 F.3d at 892 (agency properly denied motion to reopen supported only by alien’s declaration that he suffered an asthma attack and hospital form that did not indicate severity of illness). PETITION FOR REVIEW DENIED. This disposition is not appropriate for publication and is not precedent except as provid *343 ed by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Ying Li, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) order denying her motion to reopen removal proceedings conducted in abse
Key Points
01MEMORANDUM ** Ying Li, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) order denying her motion to reopen removal proceedings conducted in abse
02Ashcroft, 298 F.3d 888, 891-92 (9th Cir.2002), we deny the petition for review.
03The IJ did not abuse her discretion in denying Li’s motion to reopen because the accompanying declaration and doctor’s note were insufficient to establish “exceptional circumstances” under 8 U.S.C.
04Even if we were to consider the extra-record documents submitted by Li, as the IJ noted, the doctor’s note lacks detail regarding Li’s diagnosis and does not indicate the severity of her condition or the administered treatment.
Frequently Asked Questions
MEMORANDUM ** Ying Li, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) order denying her motion to reopen removal proceedings conducted in abse
FlawCheck shows no negative treatment for Ying Li v. Mukasey in the current circuit citation data.
This case was decided on September 24, 2008.
Use the citation No. 8689388 and verify it against the official reporter before filing.