UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-2197
YOUSSOUF DIOUBATE,
Petitioner,
v.
MICHAEL B. MUKASEY, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: September 19, 2008 Decided: October 15, 2008
Before MOTZ, TRAXLER, and KING, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Fatai A. Suleman, AMITY, KUM & SULEMAN, P.A., Greenbelt, Maryland,
for Petitioner. Gregory G. Katsas, Acting Assistant Attorney
General, Michelle Gorden Latour, Assistant Director, Jessica E.
Sherman, Office of Immigration Litigation, UNITED STATES DEPARTMENT
OF JUSTICE, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Youssouf Dioubate, a native and citizen of Guinea,
petitions for review of an order of the Board of Immigration
Appeals (“Board”) denying his second motion to reopen as untimely
and numerically barred. We have reviewed the record and the
Board’s order and find that the Board did not abuse its discretion
in denying the motion. See 8 C.F.R. § 1003.2(a) (2008). To the
extent that Dioubate claims that the time limitation should have
been equitably tolled on the ground that he received ineffective
assistance of counsel, we find this claim foreclosed in light of
our recent holding in Afanwi v. Mukasey, 526 F.3d 788, 796-99 (4th
Cir. 2008) (holding that there is no constitutional right under the
Fifth Amendment to effective assistance of counsel in removal
proceedings). Accordingly, we deny the petition for review. We
deny Dioubate’s motion for leave to file supplemental materials.
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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