     OPINION OF THE COURT


*The Honorable Joseph Irenas, Senior Judge of the United States District Court for the
 District of New Jersey, sitting by designation.

GREENBERG, Circuit Judge.
       This matter comes on before this Court on a petition for review of a decision and

order entered on July 13, 2007, of the Board of Immigration Appeals (“BIA”) on

petitioner Wan Sheng Lu’s fourth motion to reopen asylum proceedings. Lu is a citizen

of China from Fujian Province who entered this country illegally no later than in 1993 1

and unsuccessfully applied to the former Immigration and Naturalization Service (“INS”)

for asylum on November 28, 1993. Lu has remained in this country since his entry even

though an Immigration Judge (“IJ”) ordered him removed on AprilMaine election officials found that Democrat Jared Golden defeated incumbent Republican Rep. Bruce Poliquin in a tabulation of ranked-choice votes by the state Department of the Secretary of State on Thursday. A federal judge ruled against Poliquin's suit to prevent a ranked-choice runoff from occurring on Thursday morning.

Although Poliquin held a narrow lead over Golden, he did not win the outright majority needed to prevent a runoff. This pushed the tabulation of votes to voters' second or third choices to see which candidate overall gained the most votes. Taking second- and third-choice votes into account, Golden won over 50 percent of the vote.

Maine has approved ranked-choice voting twice via ballot measure. In this system, voters rank candidates in order of preference. If no candidate obtains a majority, then