Nigist Assefa v. Eric Holder, Jr.

Filing 920100601

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-2022 NIGIST ASSEFA; EMANUEL TESFAYE, Petitioners, v. ERIC H. HOLDER, JR., Attorney General,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 Petition denied by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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. novo. The Board's legal conclusions are reviewed de 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, or 744 any (4th errors Cir. of 2006). law in We the find no abuse of discretion Board's decision. Accordingly, we deny the petition for review. oral argument because in the the facts and legal before We dispense with contentions the court are and adequately presented materials argument would not aid the decisional process. PETITION DENIED 2

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