Femi v. Gonzales ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-1585
SANYA FEMI,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A75-780-584)
Submitted: July 31, 2007 Decided: August 13, 2007
Before TRAXLER, KING, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Oscar L. Amorow, AMOROW & TACHIE-MENSON, P.A., Hyattsville,
Maryland, for Petitioner. Peter D. Keisler, Assistant Attorney
General, Jeffrey J. Bernstein, R. Alexander Goring, UNITED STATES
DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Sanya Femi, a native and citizen of Nigeria, petitions
for review of an order of the Board of Immigration Appeals
(“Board”) denying his motion to reopen. Femi claims reopening was
warranted because he received insufficient instructions and notice
by the immigration judge.
Our review of the Board’s denial of a motion to reopen is
extremely deferential, since immigration statutes do not
contemplate reopening and the applicable regulations disfavor these
motions. Barry v. Gonzales, 445 F.3d 741, 744-45 (4th Cir. 2006),
cert. denied, 127 S. Ct. 1147 (2007). This Court will reverse the
Board’s denial of a motion to reopen only if it is “arbitrary,
capricious, or contrary to law.” Id. at 745.
We find no abuse of discretion in the Board’s affirmation
of the immigration judge’s denial of Femi’s motion to reopen based
on his defective application. We 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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