Assefa v. Holder

Opinion

UNPUBLISHED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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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