Khan v. Holder

• Court: Court of Appeals for the Fourth Circuit
• Decided: August 14, 2009
• Docket: 08-2394
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-2394

MUHAMMAD NAEEM KHAN,

Petitioner,

v.

ERIC H. HOLDER, JR., Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals.

Submitted: July 29, 2009 Decided: August 14, 2009

Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Jeffrey B. Steinfeld, REM ZELLER LAW GROUP, Hackensack, New Jersey, for Petitioner. Tony West, Assistant Attorney General, William C. Peachey, Assistant Director, Brianne Whelan Cohen, 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Unpublished opinions are not binding precedent in this circuit.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:

Muhammad Naeem Khan, a native and citizen of Pakistan,

petitions for review of an order of the Board of Immigration

Appeals (“Board”) upholding the immigration judge’s denial of

his motion for a continuance and denying his motion to remand.

We have reviewed the record and find no abuse of discretion.

See Lendo v. Gonzales, 493 F.3d 439, 441 (4th Cir. 2007)

(setting forth standard of review for the denial of a motion for

a continuance); Onyeme v. INS, 146 F.3d 227, 234 (4th Cir. 1998)

(setting forth standard of review for the denial of a motion to

remand). Accordingly, we deny the petition for review

substantially for the reasons stated by the Board. See In re

Khan (B.I.A. Nov. 28, 2008). 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