UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-2565
HAILESELASSIE BEYENE TESSFAY,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A79-495-764)
Submitted: August 24, 2005 Decided: December 12, 2005
Before WILKINSON, NIEMEYER, and LUTTIG, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Fitsum A. Alemu, Arlington, Virginia, for Petitioner. Paul J.
McNulty, United States Attorney, Jonathan H. Hambrick, Assistant
United States Attorney, Richmond, Virginia, for Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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 (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
- 2 -
Tessfay v. Gonzales
Combined Opinion