Gjergj Pllumaj v. Loretta Lynch


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: A078-148-474,A078-148-470. Copies to all parties and the agency. [1000043431]. [16-2108]

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Appeal: 16-2108 Doc: 21 Filed: 03/16/2017 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-2108 GJERGJ PLLUMAJ, a/k/a George Plumaj; FILE PLLUMAJ, a/k/a File Plumaj, Petitioners, v. JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: March 7, 2017 Decided: March 16, 2017 Before WILKINSON, TRAXLER, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Michael Paul DiRaimondo, DIRAIMONDO & MASI, LLP, Melville, New York, for Petitioners. Benjamin C. Mizer, Principal Deputy Assistant Attorney General, Linda S. Wernery, Assistant Director, Thankful T. Vanderstar, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-2108 Doc: 21 Filed: 03/16/2017 Pg: 2 of 3 PER CURIAM: Gjergj and File Pllumaj, natives and citizens of Albania, petition for review of an order of the Board of Immigration Appeals (Board) denying their third motion to reopen. We deny the petition for review. We review the denial of a motion to reopen for abuse of discretion. 8 C.F.R. § 1003.2(b) (2016); Mosere v. Mukasey, 552 F.3d 397, 400 (4th Cir. 2009). The “denial of a motion to reopen is reviewed with extreme deference, given that motions to reopen are disfavored because every delay works to the advantage of the deportable United States.” alien who wishes merely to remain in the Sadhvani v. Holder, 596 F.3d 180, 182 (4th Cir. 2009) (internal quotation marks omitted). The motion “shall state the new facts that will be proven at a hearing to be held if the motion is granted and shall be supported by affidavits or other evidentiary material.” 8 C.F.R. § 1003.2(c)(1) (2016). It “shall not be granted unless it appears to the Board that evidence sought to be offered is material and was not available and could not have been discovered or presented at the former hearing.” Id. We will “reverse the denial of such a motion only if the [Board] acted arbitrarily, irrationally, or contrary to law.” Prasad v. Holder, 776 F.3d 222, 225 (4th Cir. 2015). We have reviewed the record and considered the Petitioners’ arguments and conclude that the 2 Board did not abuse its Appeal: 16-2108 Doc: 21 discretion in Filed: 03/16/2017 denying petition for review. facts and materials legal before Pg: 3 of 3 reopening. Accordingly, we deny the We dispense with oral argument because the contentions are adequately this and argument court presented would not in the aid the decisional process. PETITION DENIED 3

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