Jian Wen Wang v. Bureau of Citizenship & Immigr. Serv., 437 F.3d 276 (2d Cir. 2006). · Go Syfert
Jian Wen Wang v. Bureau of Citizenship & Immigr. Serv., 437 F.3d 276 (2d Cir. 2006). Cases Citing This Book View Copy Cite
90 citation events (90 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited as authority (rule) Bailey v. New York Law School
2d Cir. · 2021 · confidence medium
Serv., 437 F.3d 276, 278 (2d Cir. 2006).
discussed Cited as authority (rule) Yu Lan Li-Jiang v. Mukasey
2d Cir. · 2008 · confidence medium
Under these circumstances, the BIA reasonably determined that the evidence concerning the harassment or repression of Catholics in certain areas of China was “too attenuated” to establish that Li-Jiang’s fear of persecution was more than “speculative.” See Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006).
discussed Cited as authority (rule) Long Qiang Zhang v. U.S. Department of Justice
2d Cir. · 2007 · confidence medium
See, e.g., Jian Xing Huang v. INS, 421 F.3d 125, 129 (2d Cir.2005) (holding that “[i]n the absence of solid support in the record for Huang’s assertion that he will be subjected to forced sterilization, his fear is speculative at best”); Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006) (finding that a well-founded fear of persecution could not be based on a petitioner’s speculation that he would be subject to persecution due to the fact that he had one child by his current wife and another child residing in China from a different relationship).
cited Cited as authority (rule) Barrie v. Gonzales
2d Cir. · 2007 · confidence medium
Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006).
cited Cited as authority (rule) Yi Teng Zheng v. Board of Immigration Appeals
2d Cir. · 2007 · confidence medium
Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006); see Yueqing Zhang v. Gonzales, 426 F.3d 540 , 545 n. 7 (2d Cir.2005).
cited Cited as authority (rule) Hua Sen Ye v. Gonzales
2d Cir. · 2007 · confidence medium
Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir. 2006).
cited Cited as authority (rule) Cheng He Wang v. United States Attorney General
2d Cir. · 2007 · confidence medium
Therefore, neither of these claims are exhausted and they are waived. 8 U.S.C. § 1252 (d)(1) (governing exhaustion); Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006) (governing waiver).
cited Cited as authority (rule) Qin Wang v. Gonzales
5th Cir. · 2007 · signal: cf. · confidence medium
Cf. Wang v. Bureau of Citizenship and Immigration Serv., 437 F.3d 276, 278 (2d Cir.2006).
discussed Cited as authority (rule) Qi Li v. Gonzales
2d Cir. · 2007 · confidence medium
Li’s CAT claim, therefore, is not exhausted, and it is waived. 8 U.S.C. § 1252 (d)(1) (governing exhaustion); Ivanishvili v. U.S. Dep’t of Justice, 433 F.3d 332, 343 (2d Cir.2006) (same); Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006) (governing waiver).
discussed Cited as authority (rule) Bah v. Gonzales
2d Cir. · 2006 · confidence medium
See 8 U.S.C. § 1252 (d)(1) (governing exhaustion); Ivanishvili v. U.S. Dep’t of Justice, 433 F.3d 332, 343 (2d Cir.2006) (same); Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006) (governing waiver).
discussed Cited as authority (rule) Bah v. Gonzales
2d Cir. · 2006 · confidence medium
See 8 U.S.C. § 1252 (d)(1) (governing exhaustion); Ivanishvili v. U.S. Dep’t of Justice, 433 F.3d 332, 343 (2d Cir.2006) (same); Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006) (governing waiver).
cited Cited as authority (rule) Yong Qiang Li v. Gonzales
2d Cir. · 2006 · confidence medium
Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006).
discussed Cited as authority (rule) Xue Ming Zhu v. Gonzales
2d Cir. · 2006 · confidence medium
See 8 U.S.C. § 1252 (d)(1) (governing exhaustion); Ivanishvili v. U.S. Dep’t of Justice, 433 F.3d 332, 343 (2d Cir.2006) (same); Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006) (governing waiver).
discussed Cited as authority (rule) Chen v. United States Department of Justice
2d Cir. · 2006 · confidence medium
In Jian Wen Wang v. BCIS, 437 F.3d 276, 277 (2d Cir.2006), this Court declined to expand the category of people automatically eligible for asylum based on forced abortion or sterilization beyond the person subjected to the procedure and his or her spouse.
discussed Cited as authority (rule) Singh v. Gonzales
2d Cir. · 2006 · confidence medium
Accordingly, his CAT claim is not exhausted and it is waived. 8 U.S.C. § 1252 (d)(1) (governing exhaustion); Ivanishvili v. U.S. Dep’t of Justice, 433 F.3d 332, 343 (2d Cir.2006) (same); Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006) (governing waiver).
cited Cited as authority (rule) Joseph v. Gonzales
2d Cir. · 2006 · confidence medium
See 8 U.S.C. § 1252 (d)(1) (exhaustion); Ivanishvili v. U.S. Dep’t of Justice, 433 F.3d 332, 343 (2d Cir.2006) (same); Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006) (waiver).
discussed Cited as authority (rule) Bin Jiang v. Gonzales
2d Cir. · 2006 · confidence medium
See 8 U.S.C. § 1252 (d)(1) (governing exhaustion); Ivanishvili v. U.S. Dep’t of Justice, 433 F.3d 332, 343 (2d Cir.2006) (same); Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006) (governing waiver).
cited Cited as authority (rule) Jing Lin v. United States Department of Justice
2d Cir. · 2006 · confidence medium
Therefore, those arguments are waived, see Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006), and the only issue before this Court is whether the BIA erred in denying Lin’s motion to remand.
cited Cited as authority (rule) Yu Zhen Chen V. Gonzales
2d Cir. · 2006 · confidence medium
Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006).
cited Cited as authority (rule) Ljucovic v. Gonzales
2d Cir. · 2006 · confidence medium
See 8 U.S.C. § 1252 (d)(1) (governing exhaustion); Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006) (discussing waiver).
cited Cited as authority (rule) Fernando v. Gonzales
2d Cir. · 2006 · confidence medium
See Yueqing Zhang v. Gonzales, 426 F.3d 540 , 541 n. 1 (2d Cir.2005); Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006).
discussed Cited as authority (rule) Sui Xiang Zhang v. United States Department of Justice (2×) also: Cited "see"
2d Cir. · 2006 · confidence medium
See Ivanishvili v. U.S. Dep’t of Justice, 433 F.3d 332, 343 (2d Cir.2006); Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir. 2006).
cited Cited "see" Turkman v. Holder
2d Cir. · 2013 · signal: see · confidence high
See Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006) (speculative claims of future persecution do not establish eligibility for asylum).
discussed Cited "see" Song Biao Wang v. Mukasey
2d Cir. · 2008 · signal: see · confidence high
See Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006) (finding “speculative” a petitioner’s fear of persecution based on having one child in China with his previous wife, and one child in the United States with his new wife).
cited Cited "see" Nan Ching Zhang v. Mukasey
2d Cir. · 2008 · signal: see · confidence high
See Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir. 2006).
discussed Cited "see" Hua Shen Ou v. Mukasey
2d Cir. · 2008 · signal: see · confidence high
See Jian Wen Wang v. Bureau of Citizenship & Immigration Sen., 437 F.3d 276, 278 (2d Cir.2006) (finding that the petitioner’s claim failed to meet the standard for a well-founded fear of persecution where the petitioner “presented no evidence to show the likelihood that a person in his situation would be subject to persecution” under the family planning policy if returned to China).
discussed Cited "see" Kan Zhao v. United States Department of Homeland Security (2×)
2d Cir. · 2007 · signal: see · confidence high
See Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006).
cited Cited "see" Onoriode v. Keisler
2d Cir. · 2007 · signal: see · confidence high
See Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006).
cited Cited "see" Zi Jin Liu v. Gonzales
2d Cir. · 2007 · signal: see · confidence high
See Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006).
cited Cited "see" Xiu Lin v. Gonzales
2d Cir. · 2007 · signal: see · confidence high
See Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006).
cited Cited "see" Bah v. Gonzales
2d Cir. · 2007 · signal: see · confidence high
See Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006).
discussed Cited "see" Lili Zhou v. Board of Immigration Appeals (2×)
2d Cir. · 2007 · signal: see · confidence high
See Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir. 2006).
cited Cited "see" Chang Chun Lin v. United States Attorney General
2d Cir. · 2007 · signal: see · confidence high
See Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006).
cited Cited "see" Ming Hua Li v. Bureau of Citizenship & Immigration Services
2d Cir. · 2007 · signal: see · confidence high
See Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006).
cited Cited "see" Indrawati v. Bureau of Citizenship & Immigration Services
2d Cir. · 2007 · signal: see · confidence high
See Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006).
cited Cited "see" Bah v. Gonzales
2d Cir. · 2007 · signal: see · confidence high
See Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006).
cited Cited "see" Singh v. Gonzales
2d Cir. · 2007 · signal: see · confidence high
See Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006).
cited Cited "see" Frangaj v. Gonzales
2d Cir. · 2007 · signal: see · confidence high
See Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006).
cited Cited "see" Sai Juan Chen v. Board of Immigration
2d Cir. · 2007 · signal: see · confidence high
See Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir. 2006).
cited Cited "see" Barrie v. Department of Homeland Security
2d Cir. · 2006 · signal: see · confidence high
See Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006).
cited Cited "see" Zhong Ming Chen v. Gonzales
2d Cir. · 2006 · signal: see · confidence high
See Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006).
cited Cited "see" Cai Di Zhang v. Gonzales
2d Cir. · 2006 · signal: see · confidence high
See Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006).
cited Cited "see" Abrar v. Gonzales
2d Cir. · 2006 · signal: see · confidence high
See Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006).
cited Cited "see" Ling Min Lin v. United States Department of Justice
2d Cir. · 2006 · signal: see · confidence high
See Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006).
cited Cited "see" Bah v. Gonzales
2d Cir. · 2006 · signal: see · confidence high
See Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir. 2006).
cited Cited "see" Jian Hua Chen v. U.S. Department of Justice
2d Cir. · 2006 · signal: see · confidence high
See Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006).
cited Cited "see" Bi Yun Zhu v. Bureau of Citizenship & Immigration Services
2d Cir. · 2006 · signal: see · confidence high
See Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006).
cited Cited "see" Hayat v. Gonzales
2d Cir. · 2006 · signal: see · confidence high
See Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006).
cited Cited "see" Xiao Feng Huang v. Immigration & Naturalization Service
2d Cir. · 2006 · signal: see · confidence high
See Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006) (governing waiver).
cited Cited "see" Jin Xiu Chen v. United States Department of Justice
2d Cir. · 2006 · signal: see · confidence high
See Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir.2006).
Retrieving the full opinion text from the archive…
JIAN WEN WANG, Petitioner,
v.
BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICE, Respondent
Docket 04-1524-AG.
Court of Appeals for the Second Circuit.
Jan 31, 2006.
437 F.3d 276
Lorance Hockert, New York, NY, for Petitioner., Jonathan S. Gasser, Acting United States Attorney for the District of South Carolina (Christie V. Newman, Assistant United States Attorney, of counsel), Columbia, SC, for Respondent.
Walker, Straub, Sack.
Cited by 84 opinions  |  Published
SACK, Circuit Judge.

Jian Wen Wang petitions for review of a Board of Immigration Appeals (BIA) decision denying his motion to reopen consideration of his application for asylum pursuant to 8 C.F.R. § 1003.2. Wang argues that his recent marriage and his new wife’s pregnancy constitute changed circumstances. Specifically, Wang argues that because—before she married Wang and while she was still in China—his new wife had been subjected to a forced abortion, Wang now has a well-founded fear of future persecution if he returns to China. We review the BIA’s denial of a motion to reopen or reconsider for abuse of discretion. See Kaur v. BIA 413 F.3d 232, 233 (2d Cir.2005) (per curiam); Khouzam v. Ashcroft, 361 F.3d 161, 165 (2d Cir.2004).

In order to qualify as a “refugee” for purposes of asylum, an alien must demonstrate a “well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. § 1101(a)(42). Under a 1996 amendment to the Immigration and Nationality Act, forced abortions constitute persecution on the basis of political opinion for purposes of refugee status:

For purposes of determinations under this chapter, a person who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program, shall be deemed to have been persecuted on account of political opinion, and a person who has a well founded fear that he or she will be forced to undergo such a procedure or subject to persecution for such failure, refusal, or resistance shall be deemed to have a well founded fear of persecution on account of political opinion.

Id. “Although the statute does not explicitly so provide, protection under this provision has also been afforded to the spouses of people subject to forced abortions, involuntary sterilization, or otherwise directly subjected to coercive family planning policies.” Ai Feng Yuan v. U.S. Dep’t of Justice, 416 F.3d 192, 196 (2d Cir.2005).

We have declined, however, to expand the category of people automatically eligible for asylum based on forced abortion or sterilization beyond the person subjected to the procedure and his or her spouse. We have concluded that “parents and in-laws of people persecuted under a coercive family planning policy are not per se eligible for political asylum,” id. at 197, and that “children of those directly victimized by coercive family planning polices [are precluded] from establishing that they are per se as eligible for relief as those directly victimized,” Shao Yan Chen v. U.S. Dep’t of Justice, 417 F.3d 303, 305 (2d Cir.2005) (per curiam) (emphasis omitted).

Wang was neither married to his current wife at the time she underwent a[*278] forced abortion, nor was he the father of the aborted fetus. He therefore can show no relationship with his wife at the time of her abortion that was stronger than the relationship existing between a person persecuted under China’s coercive population polices and that person’s children, parents, or in-laws — all of whom bear relationships to the person subjected to forced abortion or sterilization that this Court has rejected as qualifying for per se eligibility for asylum.

Wang also asserts that he has a well-founded fear of persecution because he has a child in China and because his wife recently gave birth in the United States to the couple’s first child. Wang has, however, presented no evidence to show the likelihood that a person in his situation would be subject to persecution if he returned to China with children born in the United States. His claim is therefore speculative and fails to meet the standard for a well-founded fear of persecution. See Jian Xing Huang v. INS, 421 F.3d 125, 129 (2d Cir.2005) (concluding that, “[i]n the absence of solid support in the record” for petitioner’s assertion that he will be subjected to persecution on account of his two United States born children, “his fear is speculative at best”).

Because Wang does not raise his claim of withholding of removal in his petition to this Court, he has waived any challenge to the agency’s denial of that claim. See Yueqing Zhang v. Gonzales, 426 F.3d 540, 542 n. 1, 546 n. 7 (2d Cir.2005); Norton v. Sam’s Club, 145 F.3d 114, 117 (2d Cir.1998). Because a petition for review by his wife is not before the Court, we cannot consider Wang’s request that his case be consolidated with his wife’s case.

For the foregoing reasons, we conclude that the BIA did not abuse its discretion in denying Wang’s motion to reopen. The petition for review is therefore denied. Having completed our review, Wang’s pending motion for a stay of removal in this petition is denied as moot, and his request for oral argument in this petition is denied in accordance with Federal Rule of Appellate Procedure 34(a)(2), and Second Circuit Local Rule 34(d)(1).