Islam v. Holder ( 2009 )

09-1237-ag
Islam v. Holder
BIA
A076 026 583
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
SUMMARY ORDER
RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO SUMMARY ORDERS
FILED AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY THIS COURT’S LOCAL RULE 32.1
AND FEDERAL RULE OF APPELLATE PROCEDURE 32.1. IN A BRIEF OR OTHER PAPER IN WHICH A
LITIGANT CITES A SUMMARY ORDER, IN EACH PARAGRAPH IN WHICH A CITATION APPEARS, AT LEAST
ONE CITATION MUST EITHER BE TO THE FEDERAL APPENDIX OR BE ACCOMPANIED BY THE NOTATION:
“(SUMMARY ORDER).” A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF THAT SUMMARY ORDER
TOGETHER WITH THE PAPER IN WHICH THE SUMMARY ORDER IS CITED ON ANY PARTY NOT REPRESENTED
BY COUNSEL UNLESS THE SUMMARY ORDER IS AVAILABLE IN AN ELECTRONIC DATABASE WHICH IS
PUBLICLY ACCESSIBLE WITHOUT PAYMENT OF FEE (SUCH AS THE DATABASE AVAILABLE AT
HTTP://WWW.CA2.USCOURTS.GOV/). IF NO COPY IS SERVED BY REASON OF THE AVAILABILITY OF THE
ORDER ON SUCH A DATABASE, THE CITATION MUST INCLUDE REFERENCE TO THAT DATABASE AND THE
DOCKET NUMBER OF THE CASE IN WHICH THE ORDER WAS ENTERED.
1 At a stated term of the United States Court of Appeals
2 for the Second Circuit, held at the Daniel Patrick Moynihan
3 United States Courthouse, 500 Pearl Street, in the City of
4 New York, on the 8 th day of December, two thousand nine.
5
6 PRESENT:
7 DENNIS JACOBS,
8 Chief Judge,
9 JON O. NEWMAN,
10 DEBRA ANN LIVINGSTON,
11 Circuit Judges.
12 _________________________________________
13
14 MOHAMMED HABIBUL ISLAM,
15 Petitioner,
16
17 v. 09-1237-ag
18 NAC
19 ERIC H. HOLDER, JR., UNITED STATES
20 ATTORNEY GENERAL, UNITED STATES DEPARTMENT
21 OF JUSTICE,
22 Respondent.
23 _________________________________________
24
25 FOR PETITIONER: Bruno Joseph Bembi, Hempstead, New
26 York.
1 FOR RESPONDENTS: Tony West, Assistant Attorney
2 General; Keith I. McManus, Senior
3 Litigation Counsel; Timothy G.
4 Hayes, Trial Attorney, Office of
5 Immigration Litigation, United
6 States Department of Justice,
7 Washington, D.C.
8
9 UPON DUE CONSIDERATION of this petition for review of a
10 Board of Immigration Appeals (“BIA”) decision, it is hereby
11 ORDERED, ADJUDGED, AND DECREED, that the petition for review
12 is DENIED.
13 Petitioner Mohammed Habibul Islam, a native and citizen
14 of Bangladesh, seeks review of the February 27, 2009 order
15 of the BIA denying his motion to reconsider. In re Mohammed
16 Habibul Islam, No. A076 026 583 (B.I.A. Feb. 27, 2009). We
17 assume the parties’ familiarity with the underlying facts
18 and procedural history of the case.
19 When, as here, an alien files a timely petition for
20 review from the denial of a motion to reconsider, but not
21 from the underlying decision for which reconsideration is
22 sought, we may review only the denial of the motion to
23 reconsider. Ke Zhen Zhao v. U.S. Dep’t of Justice, 265 F.3d
24 83, 89-90 (2d Cir. 2001). Thus, to the extent Islam
25 challenges the BIA’s denial of his motion to reopen, we are
26 without jurisdiction to consider his arguments. To the
2
1 extent Islam challenges the denial of his motion to
2 reconsider, we find that the BIA reasonably denied that
3 motion because he failed to specify errors of fact or law in
4 its prior decision as required by 8 C.F.R. § 1003.2(b)(1).
5 See Jin Ming Liu v. Gonzales, 439 F.3d 109, 111 (2d Cir.
6 2006) (per curiam) (holding that “[t]he BIA does not abuse
7 its discretion by denying a motion to reconsider where the
8 motion [merely] repeats arguments that the BIA has
9 previously rejected.”).
10 For the foregoing reasons, the petition for review is
11 DENIED. As we have completed our review, any stay of
12 removal that the Court previously granted in this petition
13 is VACATED, and any pending motion for a stay of removal in
14 this petition is DISMISSED as moot. Any pending request for
15 oral argument in this petition is DENIED in accordance with
16 Federal Rule of Appellate Procedure 34(a)(2) and Second
17 Circuit Local Rule 34(b).
18 FOR THE COURT:
19 Catherine O’Hagan Wolfe, Clerk
20
21
22 By:___________________________
3