XIU MEI LI, Petitioner, v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent, 351 F. App'x 575

SUMMARY ORDER Petitioner Xiu Mei Li, a native and citizen of the People’s Republic of China, seeks review of an October 4, 2007 order of the BIA denying her motion to reopen. In re Xiu Mei Li, No. [ AXXX XXX XXX ] (B.I.A. Oct. 4, 2007). We assume the parties’ familiarity with the underlying facts and procedural history in this case. We review the agency’s denial of a motion to reopen for abuse of discretion. Ali v. Gonzales, 448 F.3d 515, 517 (2d Cir. 2006).

When the agency considers relevant evidence of country conditions in evaluating a motion to reopen, we review the agency’s factual findings under the substantial evidence standard. See Jian Hui Shao v. Mukasey, 546 F.3d 138, 169 (2d Cir.2008).

We find that the agency did not abuse its discretion in denying Li’s untimely and number-barred motion to reopen because we have previously reviewed the BIA’s consideration of similar evidence in the context of an untimely motion to reopen and have found no error in its conclusion that such evidence was insufficient to establish either materially changed country conditions or an objectively reasonable fear of persecution. See id. at 169-72 (noting that “[w]e do not ourselves attempt to resolve conflicts in record evidence, a task largely within the discretion of the agency”); see also Wei Guang Wang v.

B.I.A., 437 F.3d 270, 275 (2d Cir.2006) (noting that while the BIA must consider evidence such as “the oft-cited Aird affidavit, which [it] is asked to consider time and again[,] ... it may do so in

summary fashion without a reviewing court presuming that it has abused its discretion”). While Li argues that the BIA’s analysis of her evidence was inadequate, we have rejected the notion that the agency must “expressly parse or refute on the record each individual argument or piece of evidence offered by the petitioner,” Jian Hui Shao, 546 F.3d at 169, and will “presume that [the agency] has taken into account all of the evidence before [it], unless the record compellingly suggests otherwise,” Xiao Ji Chen v. U.S. Dep’t of Justice, 471 F.3d 315, 338 n. 17 (2d Cir.2006).

Li’s argument that the BIA abused its discretion by failing to acknowledge her request that it take administrative notice of the documents addressed in Shou Yung Guo v. Gonzales, 463 F.3d 109 (2d Cir. 2006), is also unavailing as the BIA cited to Matter of J-W-S- and Matter of S-Y-G-, in which it analyzed those documents and found that they were insufficient to meet an applicant’s heavy burden to reopen. See, e.g., Matter of J-W-S-, 24 I. & N. Dec. 185,192-94 (BIA 2007).

Because the failure to establish changed country conditions provides a valid basis for denying a motion to reopen, we cannot find that the BIA abused its discretion in denying Li’s motion to reopen. See Wei Guang Wang, 437 F.3d at 273; Jian Hui Shao, 546 F.3d at 169. For the foregoing reasons, the petition for review is DENIED. As we have completed our review, any stay of removal that the Court previously granted in this petition is VACATED, and any pending motion for a stay of removal in this petition is DISMISSED as moot.

Any pending 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(b).