# Tessfay v. Gonzales

> Court of Appeals for the Fourth Circuit · December 12, 2005 · 155 F. App'x 97

URL: https://www.frixlaw.com/law-library/cases/8438951

## Case

- **Full name:** Haileselassie Beyene TESSFAY v. Alberto R. GONZALES, Attorney General
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** December 12, 2005
- **Citations:** 155 F. App'x 97
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Luttig, Niemeyer, Wilkinson
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8438951. Public record. Not legal advice.
