Assefa v. Holder ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-2022
NIGIST ASSEFA; EMANUEL TESFAYE,
Petitioners,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: April 8, 2010 Decided: June 1, 2010
Before MOTZ, DUNCAN, and DAVIS, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Dev A. Kayal, Silver Spring, Maryland; Joseph C. Hohenstein,
ORLOW, KAPLAN & HOHENSTEIN, LLP, Philadelphia, Pennsylvania, for
Petitioners. Tony West, Assistant Attorney General, John S.
Hogan, Senior Litigation Counsel, Edward E. Wiggers, Office of
Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE,
Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Nigist Assefa and her son, Emanuel Tesfaye, natives
and citizens of Ethiopia, petition for review of an order of the
Board of Immigration Appeals (“Board”) denying their motion to
reopen. We deny the petition for review.
The denial of a motion to reopen is reviewed for abuse
of discretion. The Board’s legal conclusions are reviewed de
novo. INS v. Doherty, 502 U.S. 314, 323-24 (1992); Zheng v.
Holder, 562 F.3d 647, 651 (4th Cir. 2009); Barry v. Gonzales,
445 F.3d 741, 744 (4th Cir. 2006). We find no abuse of
discretion or any errors of law in the Board’s decision.
Accordingly, we deny the petition for review. We dispense with
oral argument because the facts and legal contentions are
adequately presented in the materials before the court and
argument would not aid the decisional process.
PETITION DENIED
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