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Immigration – Removal Order – Abuse of Discretion

By: Derek Hawkins//April 6, 2020//

Immigration – Removal Order – Abuse of Discretion

By: Derek Hawkins//April 6, 2020//

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7th Circuit Court of Appeals

Case Name: Meriyu v. William P. Barr

Case No.: 19-1892

Officials: RIPPLE, SYKES, and ST. EVE, Circuit Judges.

Focus: Immigration – Removal Order – Abuse of Discretion

Meriyu, an Indonesian citizen who is of Chinese descent and of the Buddhist faith, petitions for review of the denial of her motion to reopen removal proceedings that concluded more than fourteen years ago. In 2002, Ms. Meriyu sought relief based on fear of persecution on account of race and religion but was ordered removed after she failed to appear at a hearing before an immigration judge. Fourteen years later, she moved to reopen the proceedings. The Board of Immigration Appeals (“the Board”) upheld an IJ’s ruling that the motion was untimely and that she could not show a material change in country conditions since the hearing. She subsequently filed two motions to reopen that were denied for similar reasons. In this petition for review, Ms. Meriyu challenges the denial of her most recent motion to reopen. The Board did not abuse its discretion in denying her motion, and we therefore deny her petition for review.

Petition denied

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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