Bezabeh v. Gonzales ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1697
YOSEPH NIGATU BEZABEH,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A97-629-491)
Submitted: February 24, 2006 Decided: March 15, 2006
Before WILLIAMS, MICHAEL, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Alan M. Parra, LAW OFFICE OF ALAN M. PARRA, Bethesda, Maryland, for
Petitioner. Peter D. Keisler, Assistant Attorney General, M.
Jocelyn Lopez-Wright, Assistant Director, Diane Kelleher, Office of
Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE,
Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Yoseph Nigatu Bezabeh, a native and citizen of Ethiopia,
petitions for review of an order of the Board of Immigration
Appeals (Board) denying his motion to reopen immigration
proceedings.
A denial of a motion to reopen is reviewed for abuse of
discretion. INS v. Doherty, 502 U.S. 314, 323-24 (1992). A 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).
The Board ruled that Bezabeh did not warrant the exercise
of favorable discretion because he did not produce evidence
sufficient to overcome the immigration judge’s adverse credibility
finding. We have reviewed the evidence of record and conclude that
Bezabeh fails to show that the evidence compels a contrary result.
Accordingly, we find that no abuse of discretion occurred, and
therefore 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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