Tang v. Ashcroft

03-60105Court of Appeals for the Fifth Circuit9 déc. 2003

Texte intégral

* Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
December 9, 2003
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT
No. 03-60105
Summary Calendar
KWOK HUNG TANG,
Petitioner,
versus
JOHN ASHCROFT, U.S. ATTORNEY GENERAL,
Respondent.
Petition for Review of an Order of the
Board of Immigration Appeals
(A76 391 999)
Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
KOOK Hung Tang petitions for review of an order of the Board
of Immigration Appeals (BIA) denying his motion to reopen. He
contends that the evidence attached to the motion demonstrates:
circumstances in Hong Kong have changed since his removal order was
issued; and he will be persecuted by the government if he returns
to Hong Kong.
Tang has failed to produce material evidence that would
establish his prima facie case for asylum or withholding of removal

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2
based upon changed conditions in Hong Kong. See INS v. Diehard,
502 U.S. 314, 322-23 (1992). Therefore, he has not established
that the BIA abused its discretion in denying his motion to reopen.
See Eye v. Ashcroft, 293 F.3d 899, 904 (5th Cir. 2002); Bahraini v.
United States Immigration and Naturalization Service, 782 F.2d
1243, 1244 (5th Cir.), cert. denied, 479 U.S. 930 (1986).
DENIED

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