Getachew v. INS

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-2129 YEHEYIS NEGEY GETACHEW, Petitioner, versus U.S. IMMIGRATION & NATURALIZATION SERVICE, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A29-704-576) Submitted: January 18, 2000 Decided: March 16, 2000 Before WILLIAMS, MICHAEL, and TRAXLER, Circuit Judges. Petition denied by unpublished per curiam opinion. Allan Ebert, LAW OFFICES OF ALLAN EBERT, Washington, D.C., for Pe- titioner. David W. Ogden, Acting Assistant Attorney General, Civil Division, Karen Fletcher Torstenson, Assistant Director, Russell J.E. Verby, Office of Immigration Litigation, UNITED STATES DEPART- MENT OF JUSTICE, Washington, D.C., for Respondent. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Yeheyis Negey Getachew seeks review of an order of the Board of Immigration Appeals (Board) dismissing an appeal from the deci- sion of the immigration judge and denying him political asylum, 8 U.S.C.A. § 1158 (West 1999), and withholding of deportation, 8 U.S.C. § 1253(h) (1994).1 Getachew is a native and citizen of Ethiopia. We conclude that the decision of the Board is supported by “reasonable, substantial, and probative evidence on the record con- sidered as a whole. . . .” 8 U.S.C. § 1105a(a)(4) (1994).2 There- fore, we deny Getachew’s petition for review. We dispense with oral argument because the facts and legal contentions are adequate- ly presented in the materials before the court and argument would not aid the decisional process. PETITION DENIED 1 This section has been repealed by the Illegal Immigration Reform Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. No. 104-208, 110 Stat. 3009. However, because Getachew was in deporta- tion proceedings on the effective date of the Act, the amendments do not apply. IIRIRA § 309(c)(1). 2 Section 306(b) of the IIRIRA, repealed 8 U.S.C. § 1105a(a)(4), replacing it with 8 U.S.C.A. § 1252(b)(4) (West 1999). Again, because Getachew was in deportation proceedings before the effective date of the IIRIRA, the transitional rules provide for judicial review under § 1105a(a)(4) as it existed before enactment of the IIRIRA. IIRIRA § 309(c)(4). 2