An-Di Pan v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
AN-DI PAN,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 15-73192
Agency No. A072-337-286
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 16, 2018**
San Francisco, California
Before: WALLACE and BERZON, Circuit Judges, and MUELLER,*** District
Judge.
Pan petitions for review of the Board of Immigration Appeals’ denial of his
motion to reopen deportation proceedings. We review for an abuse of discretion,
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
*** The Honorable Kimberly J. Mueller, United States District Judge for
the Eastern District of California, sitting by designation.
FILED
MAR 21 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2
He v. Gonzales, 501 F.3d 1128, 1130 (9th Cir. 2007), and deny the petition. Pan
failed to show an increase in the enforcement of China’s sterilization or other
population control policies since his final order of deportation in 1994. Feng Gui
Lin v. Holder, 588 F.3d 981, 988-89 (9th Cir. 2009). At most, the evidence Pan
submitted shows a continuation of existing policies. Because Pan has provided
insufficient support to excuse his untimely motion to reopen, the Board did not
abuse its discretion when it denied the motion. He, 501 F.3d at 1133. We do not
consider Pan’s asylum claim. Feng Gui Lin, 588 F.3d at 989.
PETITION DENIED.

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