UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-1951
XIANDONG XIE,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: June 3, 2009 Decided: June 23, 2009
Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Mark A. Goldstein, GOLDSTEIN & ASSOCIATES, LLC, Pittsburgh,
Pennsylvania, for Petitioner. Michael F. Hertz, Acting
Assistant Attorney General, William C. Peachey, Assistant
Director, Andrew B. Insenga, 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Unpublished opinions are not binding precedent in this circuit.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:
Xiandong Xie, a native and citizen of China, petitions
for review of an order of the Board of Immigration Appeals
(Board) denying his motion to reopen as untimely. We have
reviewed the administrative record and the Board’s order and
find that the Board did not abuse its discretion in denying the
motion to reopen. See 8 C.F.R. § 1003.2(a), (c)(2) (2009). We
accordingly deny the petition for review for the reasons stated
by the Board. See In re: Xie (B.I.A. July 29, 2008). 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