Lin Xing Jiang v. Holder, 639 F.3d 751 (7th Cir. 2011). · Go Syfert
Lin Xing Jiang v. Holder, 639 F.3d 751 (7th Cir. 2011). Cases Citing This Book View Copy Cite
55 citation events (55 in the last 25 years) across 6 distinct courts.
Strongest positive: Francisco Reyes-Corado v. Merrick Garland (ca9, 2023-08-11)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 38 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Francisco Reyes-Corado v. Merrick Garland
9th Cir. · 2023 · signal: accord · quote attribution · 1 verbatim quote · confidence high
a changed circumstance need not reach the level of a broad social or political change in a country; a personal or local change might suffice.
discussed Cited as authority (rule) Kamaljit Singh v. Merrick Garland
7th Cir. · 2024 · confidence medium
It has procedures for screening them, see Matter of Lozada, 19 I. & N. 637, 639 (BIA 1988), that we have approved, Sembhi v. Sessions, 897 F.3d 886 , 892–93 (7th Cir. 2018); Lin Xing Jiang v. Holder, 639 F.3d 751, 755 (7th Cir. 2011), and with which Mr. Singh did not comply.
discussed Cited as authority (rule) Kami Etemadi v. Merrick Garland
9th Cir. · 2021 · confidence medium
Similarly, In re Yewondwosen, 21 I. & N. Dec. 1025 (BIA 1997), involved a petitioner who was originally denied relief but later moved to “pursue an application of adjustment of status” “during the pendency of her appeal.” See also Lin Xing Jiang v. Holder, 639 F.3d 751, 754 (7th Cir. 2011) (stressing that, in 5 Etemadi submitted (1) a declaration that he converted to Christianity in 1999 and will be subject to torture in Iran for his faith; (2) a psychologist’s evaluation of Etemadi’s wife, finding that she “would suffer extreme hardship were her husband not allowed to remain in …
cited Cited as authority (rule) Meriyu v. William Barr
7th Cir. · 2020 · confidence medium
However, they “need not reach the level of a broad social or political change in a country; a personal or local change might suffice.” Lin Xing Jiang v. Holder, 639 F.3d 751, 756 (7th Cir. 2011).
cited Cited as authority (rule) Meriyu v. William Barr
7th Cir. · 2020 · confidence medium
However, they “need not reach the level of a broad social or political change in a country; a personal or local change might suffice.” Lin Xing Jiang v. Holder, 639 F.3d 751, 756 (7th Cir. 2011).
discussed Cited as authority (rule) Evelyn Takang v. William Barr
4th Cir. · 2020 · confidence medium
Under these circumstances, we cannot say that the BIA abused its discretion in denying the motion to reopen[.]”); Jiang v. Holder, 639 F.3d 751, 757 (7th Cir. 2011) (stating that the BIA would be within its discretion to deny a motion to reopen for failure to submit a new asylum application); Romero-Ruiz v. Mukasey, 538 F.3d 1057, 1064 (9th Cir. 2008) (“The [motion to reopen] . . . was not accompanied by an application for cancellation of removal. . . .
discussed Cited as authority (rule) Ignacio Medina-Araujo v. Matthew G. Whitaker (2×) also: Cited "see"
7th Cir. · 2018 · confidence medium
We have rebuffed this argument, however, concluding that “satisfying the requirements of Lozada is a necessary condition to obtaining reopening on the basis of ineffective assistance of counsel.” Jiang, 639 F.3d at 755 (emphasis added).
discussed Cited as authority (rule) Ignacio Medina-Araujo v. Matthew G. Whitaker (2×) also: Cited "see"
7th Cir. · 2018 · confidence medium
We have rebuffed this argument, however, concluding that “satisfying the requirements of Lozada is a necessary condition to obtaining reopening on the basis of ineffective assistance of counsel.” Jiang, 639 F.3d at 755 (emphasis added).
discussed Cited as authority (rule) Ignacio Medina-Araujo v. Matthew G. Whitaker (2×) also: Cited "see"
7th Cir. · 2018 · confidence medium
We have rebuffed this argument, however, concluding that “satisfying the requirements of Lozada is a necessary condition to obtaining reopening on the basis of ineffective assistance of counsel.” Jiang, 639 F.3d at 755 (emphasis added).
discussed Cited as authority (rule) Rahul Chaudhari Kumar v. Jefferson Sessions III
7th Cir. · 2018 · confidence medium
And “cumulative evidence that conditions asserted in the original application ‘persisted’ is not evidence of changed circumstances.” Zhao v. Gonzales, 440 F.3d 405, 407 (7th Cir. 2005); Jiang v. Holder, 639 F.3d 751, 756 (7th Cir. 2011).
discussed Cited as authority (rule) Rahul Chaudhari Kumar v. Jefferson Sessions III
7th Cir. · 2018 · confidence medium
And “cumulative evidence that conditions asserted in the original application ‘persisted’ is not evidence of changed circumstances.” Zhao v. Gonzales, 440 F.3d 405, 407 (7th Cir. 2005); Jiang v. Holder, 639 F.3d 751, 756 (7th Cir. 2011).
discussed Cited as authority (rule) Rahul Chaudhari Kumar v. Jefferson Sessions III
7th Cir. · 2018 · confidence medium
And “cumulative evidence that conditions asserted in the original application ‘persisted’ is not evidence of changed circumstances.” Zhao v. Gonzales, 440 F.3d 405, 407 (7th Cir. 2005); Jiang v. Holder, 639 F.3d 751, 756 (7th Cir. 2011).
discussed Cited as authority (rule) Dudi Yahya v. Jefferson B. Sessions III
7th Cir. · 2018 · confidence medium
We specifically have rejected any higher burden, such as a “dra- matic change” standard, id. at 833 , and we have noted that a “changed circumstance need not reach the level of a broad so- cial or political change in a country; a personal or local change might suffice,” Lin Xing Jiang v. Holder, 639 F.3d 751, 756 (7th Cir. 2011). 9 On the question whether the evidence establishes changed country conditions, the Board compared objective evidence of the state of religious violence in Indonesia from 2003, the time of Mr. Yahya’s original proceedings, to the evidence he pre- sented now.
discussed Cited as authority (rule) Yan Ping Lin v. Attorney General United States
3rd Cir. · 2017 · confidence medium
See Liu v. Att’y Gen., 555 F.3d 145, 149 (3d Cir. 2009) (affirming the BIA’s assessment that a continuation of poor conditions did not constitute a material change in conditions); Jiang v. Holder, 639 F.3d 751, 756 (7th Cir. 2011) (noting that China’s persistent record of human rights abuses against Christians did not demonstrate sufficiently changed conditions).
discussed Cited as authority (rule) Felix D. Guzman-Rivadeneira v. Loretta E. Lynch
7th Cir. · 2016 · confidence medium
See Marinov v. Holder, 687 F.3d 365, 368-70 (7th Cir. 2012); Lin Xing Jiang v. Holder, 639 F.3d 751, 755 (7th Cir.2011); Ghaffar v. Mukasey, 551 F.3d 651, 656 (7th Cir.2008); Stroe v. I.N.S., 256 F.3d 498, 501 (7th Cir.2001).
cited Cited as authority (rule) Vargas-Torres v. Holder
7th Cir. · 2014 · confidence medium
See Marinov v. Holder, 687 F.3d 365, 368-70 (7th Cir.2012); Lin Xing Jiang v. Holder, 639 F.3d 751, 755 (7th Cir.2011); Stroe v. I.N.S., 256 F.3d 498, 503-04 (7th Cir.2001).
cited Cited as authority (rule) Armando Torres v. Eric Holder, Jr.
7th Cir. · 2014 · confidence medium
See Marinov v. Holder, 687 F.3d 365 , 368– No. 13‐3591 Page 4 70 (7th Cir. 2012); Lin Xing Jiang v. Holder, 639 F.3d 751, 755 (7th Cir. 2011); Stroe v. I.N.S., 256 F.3d 498 , 503–04 (7th Cir. 2001).
discussed Cited as authority (rule) Reng Sheng Chen v. Holder
2d Cir. · 2014 · confidence medium
See 8 C.F.R. § 1003.2 (c)(1) (“A motion to reopen proceedings for the purpose of submitting an application for relief must be accompanied by the appropriate application for relief and all supporting documentation.”); Lin Xing Jiang v. Holder, 639 F.3d 751, 757 (7th Cir.2011).
discussed Cited as authority (rule) Ji Cheng Ni v. Eric H. Holder, Jr.
7th Cir. · 2013 · confidence medium
The BIA abuses its discretion if “it has made its decision without rational explanation, departs from established policies without explanation, or rests on an impermissible basis such as invidious discrimination.” Jiang v. Holder, 639 F.3d 751, 754 (7th Cir. 2010).
discussed Cited as authority (rule) Ji Cheng Ni v. Eric H. Holder, Jr.
7th Cir. · 2013 · confidence medium
The BIA abuses its discretion if “it has made its decision without rational explanation, departs from established policies without explanation, or rests on an impermissible basis such as invidious discrimination.” Jiang v. Holder, 639 F.3d 751, 754 (7th Cir. 2010).
discussed Cited as authority (rule) Ji Cheng Ni v. Eric H. Holder, Jr.
7th Cir. · 2013 · confidence medium
The BIA abuses its discretion if “it has made its decision without rational explanation, departs from established policies without explanation, or rests on an impermissible basis such as invidious discrimination.” Jiang v. Holder, 639 F.3d 751, 754 (7th Cir.2010).
discussed Cited as authority (rule) Faryal Ahmed v. Eric Holder, Jr.
7th Cir. · 2013 · confidence medium
To demonstrate that their right to due process was violated, Ahmed and Khan needed to complete certain procedural hurdles ((1) show via affidavit that they had an agreement with counsel about the scope of representation, (2) notify counsel of the claim and allow him to respond, and (3) if counsel acted unethically, file a complaint with the proper disciplinary authorities), demonstrate prejudice from their attorney’s performance, and show that this prejudice unfairly prevented them “from reasonably presenting [their] case.” See Solis-Chavez, 662 F.3d at 466 (citing Matter of Lozada, 19 I…
discussed Cited as authority (rule) Ping Zheng v. Eric H. Holder, Jr.
7th Cir. · 2012 · confidence medium
Such an argument has been “vetted in this court and rejected.” Jiang v. Holder, 639 F.3d 751, 756 (7th Cir.2011); see also Cheng Chen, 498 F.3d at 760 ; Joseph v. Holder, 579 F.3d 827, 834 (7th Cir.2009); Liang v. Holder, 626 F.3d 983, 988 (7th Cir.2010).
discussed Cited as authority (rule) Lin v. Attorney General United States (2×) also: Cited "see, e.g."
3rd Cir. · 2012 · confidence medium
Jiang v. Holder, 639 F.3d 751, 757 (7th Cir.2011) (holding that it is within BIA’s discretion to deny a petition based on petitioner’s failure to file accompanying petition for relief); see also In re Yewondwosen, 21 I. & N. Dec. 1025, 1026 (BIA 1997) (en banc) (explaining that failure to file an accompanying petition for relief will generally result in denial of petitioner’s motion).
cited Cited as authority (rule) Stelian Marinov v. Eric Holder, Jr.
7th Cir. · 2012 · confidence medium
Kucana v. Holder, 558 U.S. 233 , 130 S.Ct. 827, 831 , 175 L.Ed.2d 694 (2010); Lin Xing Jiang v. Holder, 639 F.3d 751, 754 (7th Cir.2011).
examined Cited "see" Tarlochan Singh v. Pamela J. Bondi (4×)
7th Cir. · 2025 · signal: see · confidence high
See Jiang v. Holder, 639 F.3d 751, 755 (7th Cir. 2011) (citing Lozada, 19 I. & N. Dec. at 639 ).
examined Cited "see" Tarlochan Singh v. Pamela J. Bondi (4×)
7th Cir. · 2025 · signal: see · confidence high
See Jiang v. Holder, 639 F.3d 751, 755 (7th Cir. 2011) (citing Lozada, 19 I. & N. Dec. at 639 ).
discussed Cited "see" Sherpa v. Lynch
2d Cir. · 2016 · signal: see · confidence high
The BIA did not abuse its discretion by requiring a new application. 8 C.F.R. § 1003.2 (c)(1); see Lin Xing Jiang v. Holder, 639 F.3d 751, 757 (7th Cir. 2011); Palma-Mazariegos v. Keisler, 504 F.3d 144, 147 (1st Cir. 2007); Waggoner v. Gonzales, 488 F.3d 632, 639 (5th Cir. 2007).
cited Cited "see" Aamir Abbas v. Loretta E. Lynch
7th Cir. · 2015 · signal: see · confidence high
See Lin Xing Jiang v. Holder, 639 F.3d 751, 755 (7th Cir. 2011); Jezierski v. Mukasey, 543 F.3d 886, 889 (7th Cir. 2008).
cited Cited "see" Abbas v. Lynch
7th Cir. · 2015 · signal: see · confidence high
See Lin Xing Jiang v. Holder, 639 F.3d 751, 755 (7th Cir.2011); Jezierski v. Mukasey, 543 F.3d 886, 889 (7th Cir. 2008).
cited Cited "see" Besnik Korbeci v. Attorney General United States
3rd Cir. · 2012 · signal: see · confidence high
See Jiang v. Holder, 639 F.3d 751, 757 (7th Cir.2011); Waggoner v. Gonzales, 488 F.3d 632, 639 (5th Cir.2007); Palma-Mazariegos v. Keisler, 504 F.3d 144, 147 (1st Cir. 2007).
cited Cited "see" Jin Bin Wu v. Holder
10th Cir. · 2012 · signal: see · confidence high
See Lin Xing Jiang v. Holder, 639 F.3d 751, 756 (7th Cir.2011).
cited Cited "see" Ali v. Holder
2d Cir. · 2012 · signal: accord · confidence high
Id.; accord Lin Xing Jiang v. Holder, 639 F.3d 751, 757 (7th Cir.2011); Palmar-Mazariegos v. Keisler, 504 F.3d 144 , 147 (1st Cir.2007); Waggoner v. Gonzales, 488 F.3d 632, 638-39 (5th Cir.2007).
discussed Cited "see" Majeed v. Attorney General of the United States
3rd Cir. · 2012 · signal: see · confidence high
See Jiang v. Holder, 639 F.3d 751, 757 (7th Cir.2011) (stating that BIA would be within its discretion to deny motion to reopen for failure for submit a new asylum application); Waggoner v. Gonzales, 488 F.3d 632, 639 (5th Cir.2007) (holding that BIA did not abuse its discretion in denying motion to reopen “based upon changed country conditions in Fiji indicating an increased risk of violence against Indo-Fijians” where the petitioner did not submit an appropriate application for relief); cf Palma-Mazariegos v. Keisler, 504 F.3d 144, 147 (1st Cir.2007) (approving of BIA’s denial of motio…
discussed Cited "see" Pukri v. Holder
2d Cir. · 2011 · signal: see · confidence high
See Lin Xing Jiang v. Holder, 639 F.3d 751, 757 (7th Cir.2011); Romero-Ruiz v. Mukasey, 538 F.3d 1057, 1064 (9th Cir.2008); Waggoner v. Gonzales, 488 F.3d 632, 638-39 (5th Cir.2007); Palma-Mazariegos v. Keisler, 504 F.3d 144, 147 (1st Cir.2007).
discussed Cited "see, e.g." Mei Yu Wang-Huang v. Attorney General of the United States
3rd Cir. · 2012 · signal: see also · confidence medium
That explanation is unpersuasive in light of BIA precedent holding that the “failure to submit an application for relief, as required by [ 8 C.F.R. § 1003.2 (c)(1) ], will typically result in the Board’s denial of the motion.” In re Yewondwosen, 21 I. & N. Dec. 1025, 1026 (BIA 1997) (en banc); see also Jiang v. Holder, 639 F.3d 751, 757 (7th Cir.2011); Liu v. Holder, 560 F.3d 485, 491 (6th Cir.2009); Romero-Ruiz v. Mukasey, 538 F.3d 1057, 1064 (9th Cir.2008); Palma-Mazariegos v. Keisler, 504 F.3d 144, 147 (1st Cir.2007) (per curiam); Waggoner v. Gonzales, 488 F.3d 632, 639 (5th Cir.2007…
discussed Cited "see, e.g." Turmalaj v. Holder
2d Cir. · 2012 · signal: see also · confidence medium
See Zhen Nan Lin v. Dep’t of Justice, 459 F.3d 255, 262 (2d Cir.2006); see also Lin Xing Jiang v. Holder, 639 F.3d 751, 757 (7th Cir.2011) (holding that it was within the discretion of the BIA to deny a motion to reopen because it was not accompanied by an asylum application).
discussed Cited "see, e.g." Seadinovski v. Holder
2d Cir. · 2012 · signal: see also · confidence medium
See Zhen Nan Lin v. Dep’t of Justice, 459 F.3d 255, 262 (2d Cir.2006); see also Lin Xing Jiang v. Holder, 639 F.3d 751, 757 (7th Cir.2011) (holding that it was within the discretion of the BIA to deny a motion to reopen because it was not accompanied by an asylum application).
Retrieving the full opinion text from the archive…
LIN XING JIANG, Petitioner,
v.
Eric H. HOLDER, Attorney General of the United States, Respondent
09-3179.
Court of Appeals for the Seventh Circuit.
Mar 18, 2011.
639 F.3d 751
2011 U.S. App. LEXIS 5366
2011 WL 923279
Fuhao Yang, Patrick Barnhart (argued), Attorneys, New York, NY, for Petitioner., Kimberly A. Burdge (argued), OIL, Attorneys, Department of Justice, Washington, DC, for Respondent.
O'Connor, Kanne, Rovner.
Cited by 47 opinions  |  Published
ROVNER, Circuit Judge.

The Board of Immigration Appeals sought to return Lin Xing Jiang to China after she arrived on U.S. soil without proper permission to enter. After her initial request for asylum was denied, and the time for filing a petition for review or a motion to reopen the proceedings had run, Jiang filed a motion to reopen the proceedings with the Board, alleging a change of circumstances in China supported her claim for relief. The Board found that the evidence she sought to offer either was available or could have been discovered or presented at the former hearing and denied the motion to reopen. Jiang petitioned this court to review the order of the Board. We affirm.

I.

Jiang, a native and citizen of China, entered St. John, United States Virgin Islands, on September 22, 2000. The Immigration and Naturalization Service, now the Department of Homeland Security, charged Jiang as being an alien present in the United States without being admitted or paroled and began removal proceedings. Jiang filed for asylum, claiming that she had been forced to abort a pregnancy by the Chinese government. On December 20, 2002, Jiang appeared before an immigration judge who concluded that her story was not credible and denied her application for asylum, withholding of removal, and protection under the Convention Against Torture. (R. 146-158). Jiang appealed the immigration judge’s decision to the Board, which, on March 18, 2004, affirmed the decision without an accompanying opinion. (R. 105). The statutory ninety-day deadline for appeals passed without word from Jiang.

Over four years later, Jiang filed a motion to reopen her proceedings, claiming that she had new and material evidence not discoverable or available at her former hearing, and thus her untimely petition should be permitted under the regulatory exception to the time limits for motions to reopen based on changed country conditions, citing 8 C.F.R. § 1003.2(c)(3)(h).[*754] For the first time, Jiang argued that she feared persecution based on her Catholic religion. She also cited as new evidence the fact that since the time of the last hearing, when she was pregnant with her first child, she had given birth to two children in the United States in violation of China’s family planning policies.

Jiang informed the Board that she was baptized as a Catholic soon after birth and that both she and her family have continued to practice Catholicism to this day— she in the United States, and her family in underground, unregistered churches in China. Jiang alleges that her family arranged for her to leave China for the United States so that she could continue to practice her religion and because they feared she could not adhere to China’s restrictive population control policy. Jiang argued that circumstances had worsened for practicing Catholics in China, and that should the United States remove her to China, she would return to her former underground Catholic church and risk persecution. Finally, Jiang stated that although she had told her immigration lawyer that she had grown up in a Catholic family in China and was a practicing Catholic, he did not include a claim for religious persecution in her initial petition for asylum.

The Board concluded that Jiang had not submitted adequate evidence to support reopening, and that the articles and reports Jiang submitted did not show that members of underground churches were in more danger than they had been at the time of her hearing in 2002. (R. 3). The Board noted that Jiang did not specifically claim in her motion that her former counsel provided ineffective assistance of counsel and, in any event, failed to meet the requirements of such a claim. (R. 4). Finally, the Board concluded that Jiang did not submit a new asylum application as is required when filing a motion to reopen. Id. at n. 1. On August 5, 2009, the Board denied Jiang’s motion to reopen. Id.

Jiang petitioned this court for review of the Board’s decision denying the motion to reopen, a decision the Supreme Court has held we have jurisdiction to review. Kucana v. Holder, - U.S. -, 130 S.Ct. 827, 831, 175 L.Ed.2d 694 (2010). Our review, however, defers to the decision of the Board unless it has abused its discretion, that is, unless it has made its decision without rational explanation, departs from established policies without explanation, or rests on an impermissible basis such as invidious discrimination. See Xiao Jun Liang v. Holder, 626 F.3d 983, 988 (7th Cir.2010). For the reasons set forth below, we find it has not, and thus deny the petition.

II.

Under the Immigration and Nationality Act, an asylum seeker may collaterally attack a final order of removal by filing a motion to reopen with the Board, which, in its discretion, it may grant or deny. 8 U.S.C. § 1229a(c)(7); 8 C.F.R. § 1003.2(a). A motion to reopen based on changed country conditions is exempt from the usual ninety-day statutory deadline for filing such motions so long as the evidence of the changed conditions “is material and was not available and would not have been discovered or presented at the previous proceeding.” 8 U.S.C.A. § 1229a(c)(7)(C)(ii); see also 8 C.F.R. § 1003.2(c)(3)(ii); Zhao v. Gonzales, 440 F.3d 405, 407 (7th Cir.2005).

The petitioner concedes that the evidence she presents “is technically not new evidence [but] was not available at the initial hearing because her attorney failed to present it,” and that “she did not have an opportunity to present all her persecution claims.” (Brief of Petitioner at 13).[*755] This argument, however, is one claiming ineffective assistance of counsel, not changed country conditions. After all, according to Jiang, she has been a practicing Catholic all of her life, and the abuse of Catholics by the Chinese government was well-documented when Jiang first appeared before the immigration court in 2002. What she argues is not that the information was not available to her at the time of the hearing, but that her attorney was ineffective for failing to present it — or to inform her that a claim of persecution based on her religion would be relevant.

Asylum seekers hold no Sixth Amendment right to counsel. Toure v. Holder, 624 F.3d 422, 430 (7th Cir.2010). “[N]o statute or constitutional provision entitles an alien who has been denied effective assistance of counsel in ... her removal proceeding to reopen the proceeding on the basis of that denial.” Jezierski v. Mukasey, 543 F.3d 886, 889 (7th Cir.2008) (citations omitted) cert. denied, - U.S. -, 129 S.Ct. 1662, 173 L.Ed.2d 993 (2009). This Circuit has recognized, nevertheless, that the denial of effective assistance of counsel may under certain circumstances violate the due process guarantee of the Fifth Amendment. Toure, 624 F.3d at 430.

The Board long ago recognized this potential for a due process violation in Matter of Lozada, 19 I. & N. Dec. 637, 638 (BIA 1988) (“Ineffective assistance of counsel in a deportation proceeding is a denial of due process only if the proceeding was so fundamentally unfair that the alien was prevented from reasonably presenting his case”). And in this same case, the Board held that an asylum seeker must do three things to raise an ineffectiveness claim: (1) submit an affidavit establishing that she had an agreement with counsel to represent her and detailing its terms; (2) present evidence that she has given notice to her counsel of the ineffectiveness claim and an opportunity to respond to the allegations, and include any response she has received; and (3) if the attorney violated his ethical or legal obligations, show that she has filed a complaint with the governing disciplinary authorities or explain why she has not done so. Matter of Lozada, 19 I. & N. Dec. at 639. [1] We have sustained repeatedly the validity of these requirements. See Ghaffar v. Mukasey, 551 F.3d 651, 656 (7th Cir.2008); Jezierski, 543 F.3d at 889; Stroe v. INS, 256 F.3d 498, 501 (7th Cir.2001). Jiang cites several Ninth Circuit cases for the proposition that failure to comply with the Lozada requirements is not fatal to a motion to reopen, but this Circuit, however, has stated that “satisfying the requirements of Lozada is a necessary condition to obtaining reopening on the basis of ineffective assistance of counsel.” Jezierski, 543 F.3d at 889. Even if it were not, we certainly could not say that the Board abused its discretion by requiring some compliance with Lozada, where Jiang has failed to satisfy even one of the Lozada requirements or to even articulate a specific claim of ineffective assistance.[*756] See Patel v. Gonzales, 496 F.3d 829, 831 (7th Cir.2007).

Even were we to construe Jiang’s argument as a claim of changed conditions rather then a claim for ineffective assistance of counsel, Jiang failed to demonstrate that there were material changes in the relevant circumstances in China. Joseph v. Holder, 579 F.3d 827, 833-34 (7th Cir.2009); 8 C.F.R. § 1003.2(c)(3)(h). A changed circumstance need not reach the level of a broad social or political change in a country; a personal or local change might suffice. Joseph, 579 F.3d at 834. Nevertheless, there must be evidence of some material changed circumstances. Cumulative evidence that the conditions asserted in the original application persisted fails to meet this burden. Zhao, 440 F.3d at 407.

Jiang submitted several internet news reports posted in 2008 by an organization called Chinaaid that recounted incidents in which practicing Catholics were abused. The Board noted that the evidence in the record at the time of Jiang’s initial hearing indicated that China had a terrible human rights record of religious persecution against unapproved religious groups including Catholics. The Board referenced the 2000 U.S. Department of State Country Report on Human Rights Practices in China (2000 Country Report), which included evidence that officials razed or confiscated churches and places of worship, broke up services, harassed leaders and adherents, at times fining, detaining, imprisoning, beating, and torturing them. (R. 268) (2000 Country Report). The Board also noted that according to Jiang’s own affidavit, she and her family suffered religious persecution before she came to the United States. (R. 4). A letter from Jiang’s friend that Jiang submitted as evidence of changed circumstances states that, “the situation in China is still the same as time [sic] you left China.” (R. 63). The articles and evidence submitted by Jiang merely support the proposition that the human rights abuses present at the time of her original hearing in 2002 continue to this day.

Indeed, the State Department’s 2009 Country Report includes similar reports of surveillance, harassment, and persecution of Catholics. Nevertheless, this most recent Country Report may offer a glimmer of optimism for practicing Catholics as the report notes that “the distinction between the official Catholic Church, which the government controlled politically, and the unregistered Catholic Church was less distinct than in the past. U.S. Dept. Of State Country Reports on Human Rights Practices in China, 2009. [2] In some official Catholic churches, clerics led prayers for the Pope, and pictures of the Pope were displayed.” Id.

Nor can Jiang rely on her claim that because she has had two children in the United States she will face persecution in China for violations of that country’s one-child policy. That argument has been vetted in this court and rejected. See Joseph, 579 F.3d at 834. Cheng Chen v. Gonzales, 498 F.3d 758, 760 (7th Cir.2007). This is not to say that an applicant for asylum must show some broad social or political alteration in the country conditions, as opposed to a more personal or local modification, but an applicant cannot claim changed country conditions based on[*757] her own actions in the United States when the conditions in the country of origin have not materially changed. Joseph, 579 F.3d at 834. Jiang has offered no evidence that the population control efforts and one-child policy have materially changed since the date of her initial hearing.

Finally, the Board in a footnote also commented that Jiang failed to submit a new asylum application with her motion to reopen, as is required by its regulations. (R. 4). See 8 C.F.R. § 1003.2(c)(1). The Board did not state that it denied the petition based on this failing, but it was within its discretion to do so. See Conti v. I.N.S., 780 F.2d 698, 701 (7th Cir.1985) (“failure to comply with the procedural requirements for a valid motion to reopen alone is normally sufficient to overcome the contention that the denial of such a motion was an abuse of discretion”); see also Patel, 496 F.3d at 831.

In her brief to this court, Jiang raises several other arguments regarding the merits of her original asylum claim, namely that she would suffer persecution if returned to China because of her coerced abortion, her opposition to, and violations of China’s family planning policy. These arguments, however, attack the Board’s 2004 decision which Jiang chose not to appeal and cannot appeal at this late date. See Stone v. I.N.S., 514 U.S. 386, 405, 115 S.Ct. 1537, 131 L.Ed.2d 465 (1995); Ajose v. Gonzales, 408 F.3d 393, 394-95 (7th Cir.2005). The only decision before this court is the Board’s August 5, 2009 decision denying Jiang’s motion to reopen.

The Board did not abuse its discretion in denying Jiang’s motion to reopen the proceedings. The petition for review is therefore Denied.

1

. In Matter of Compean (Compean I), 24 I. & N. Dec. 710 (AG 2009), the Attorney General concluded that the "Constitution does not confer a constitutional right to effective assistance of counsel in removal proceedings,” either through the Fifth or Sixth Amendments, thus overruling, in part, Matter of Lozada. Id. at 714. Later that year, the Attorney General vacated the Compean I decision, Matter of Compean (Compean II), 25 I. & N. Dec. 1 (AG 2009), and ordered the Executive Office of Immigration Review to reinstate use of the Lozada standards pending a comprehensive review of the rules in this area. Id. at 2-3. In any event, the Board adjudicated Jiang’s ineffective assistance claim under the law that existed prior to the decision in Compean I.

2

. Although the 2009 Country Report was not part of the record below, we still may take judicial notice of it. See Ayele v. Holder, 564 F.3d 862, 873 (7th Cir.2009). And although Country Reports have limited utility in some circumstances, see Galina v. I.N.S., 213 F.3d 955, 959 (7th Cir.2000), they can serve as one useful form of comparison in examining changes in country conditions. Id.