Gebrehiwot v. Gonzales , 158 F. App'x 423 ( 2005 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1115
MISRAK HAILEMARIAM GEBREHIWOT,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A95-220-634)
Submitted: August 17, 2005 Decided: December 13, 2005
Before TRAXLER, KING, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Aragaw Mehari, Washington, D.C., for Petitioner. John L. Brownlee,
United States Attorney, Sara Bugbee Winn, Assistant United States
Attorney, Roanoke, Virginia, for Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Misrak Hailemariam Gebrehiwot, a native and citizen of
Ethiopia, petitions for review of an order of the Board of
Immigration Appeals (Board) denying her motion to reopen
immigration proceedings. We review the denial of a motion to
reopen for abuse of discretion. 8 C.F.R. § 1003.2(a) (2004); INS
v. Doherty, 502 U.S. 314, 323-24 (1992); Stewart v. INS, 181 F.3d
587, 595 (4th Cir. 1999). The denial of a motion to reopen must be
reviewed with extreme deference, since immigration statutes do not
contemplate reopening and the applicable regulations disfavor
motions to reopen. M.A. v. INS, 899 F.2d 304, 308 (4th Cir. 1990)
(en banc).
A motion to reopen "shall state the new facts that will
be proven at a hearing to be held if the motion is granted and
shall be supported by affidavits or other evidentiary material."
8 C.F.R. § 1003.2(c)(1) (2004). "A motion to reopen proceedings
shall not be granted unless it appears to the Board that evidence
sought to be offered is material and was not available and could
not have been discovered or presented at the former hearing." Id.We have reviewed the record, the immigration judge's decision, and
the Board's orders and find no abuse of discretion.
Accordingly, we deny the petition for review. We
dispense with oral argument because the facts and legal contentions
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are adequately presented in the materials before the court and
argument would not aid the decisional process.
PETITION DENIED
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