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UNPUBLISHED PER CURIAM OPINION filed.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. . [16-2108]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
GJERGJ PLLUMAJ, a/k/a George Plumaj; FILE PLLUMAJ, a/k/a
JEFFERSON B. SESSIONS III, Attorney General,
On Petition for Review of an Order of the Board of Immigration
March 7, 2017
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Petition denied by unpublished per curiam opinion.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
Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington,
D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
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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.
the petition for review.
We review the denial of a motion to reopen for abuse of
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
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
We will “reverse the denial of such a motion
only if the [Board] acted arbitrarily, irrationally, or contrary
Prasad v. Holder, 776 F.3d 222, 225 (4th Cir. 2015).
We have reviewed the record and considered the Petitioners’
petition for review.
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We dispense with oral argument because the
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