UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-2169
ABDI ELMY HERSY,
Petitioner,
versus
JOHN ASHCROFT, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A77-820-549)
Submitted: April 30, 2004 Decided: August 10, 2004
Before MOTZ, TRAXLER, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
James Thomas Reynolds, PAUL SHEARMAN ALLEN & ASSOCIATES,
Washington, D.C., for Petitioner. Peter D. Keisler, Assistant
Attorney General, Richard M. Evans, Assistant Director, Carl H.
McIntyre, Jr., Office of Immigration Litigation, UNITED STATES
DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Abdi Elmy Hersy, a native and citizen of Somalia, has
filed a petition for review of the Board of Immigrations Appeals’
(“Board”) dismissal of his appeal from an immigration judge’s
denial of his applications for asylum, withholding of removal and
protection under the Convention Against Torture (“CAT”), and the
Board’s subsequent denial of his motion to reopen. We deny the
petition for review.
Hersy’s attorney failed to file a written brief or
statement on appeal to the Board, despite his indication in the
notice of appeal that he would do so. The Board properly exercised
its discretion to summarily dismiss the appeal for failure to file
a written brief or statement pursuant to 8 C.F.R. § 301(d)(2)(i)(E)
(2002).
Likewise, the Board did not abuse its discretion in
denying Hersy’s untimely motion to reopen, in which Hersy alleged
ineffective assistance of counsel but failed to explain his belated
filing or request tolling of the filing deadline. See 8 C.F.R.
§ 3.2(c)(2) (2003); INS v. Doherty, 502 U.S. 314, 323-24 (1992).
Accordingly, we deny Hersy’s petition for review. 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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