Opinion

Tessfay v. Gonzales

  • 155 F. App'x 97
Court
Court of Appeals for the Fourth Circuit
Filed
Dec 12, 2005
Status
Published
On the bench
Luttig, Niemeyer, Wilkinson
Cited by
0 cases
Authority
More cited than 10.2%

The opinion

PER CURIAM:

Haileselassie Beyene Tessfay, a native and citizen of Ethiopia, seeks review of an order of the Board of Immigration Appeals (Board) denying his motion to reopen his removal proceedings.

We review a denial of a motion to reopen for abuse of discretion. INS v. Doherty, 502 U.S. 314, 323-24 , 112 S.Ct. 719 , 116 L.Ed.2d 823 (1992). A denial of a motion to reopen must be reviewed with extreme deference, since immigration statutes do not contemplate reopening and the applicable regulations disfavor motions to reopen. M.A. v. INS, 899 F.2d 304 , 308 (4th Cir.1990) (en banc).

We have reviewed the record and the briefs submitted and conclude that the Board did not abuse its discretion in denying Tessfay’s motion. See 8 C.F.R. § 1003.2 (2005).

We accordingly deny the petition for review. We also deny Tessfay’s motion to remand. 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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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