UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-2097
OMBA ARSENE ONEMA,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: March 26, 2013 Decided: April 2, 2013
Before DAVIS, WYNN, and FLOYD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Sam H. Hasan, HASAN LAW GROUP, Falls Church, Virginia, for
Petitioner. Stuart F. Delery, Principal Deputy Assistant
Attorney General, Linda S. Wernery, Assistant Director, Gerald
M. Alexander, 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Unpublished opinions are not binding precedent in this circuit.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:
Omba Arsene Onema, a native and citizen of the
Democratic Republic of the Congo (“DRC”), petitions for review
of an order of the Board of Immigration Appeals (“Board”)
denying his motion to reopen immigration proceedings. We have
reviewed the record and the Board’s order and find no abuse of
discretion. See 8 C.F.R. § 1003.2(a), (c) (2012). Accordingly,
we deny the petition for review substantially * for the reasons
stated by the Board. In re: Onema (B.I.A. Aug. 9, 2012). We
dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
PETITION DENIED
*
Although the Board erroneously relied on our decision in
Afanwi v. Mukasey, 526 F.3d 788 (4th Cir. 2008), vacated, 130 S.
Ct. 350 (2009), we nonetheless find no abuse of discretion in
its alternate finding that Onema was not entitled to equitable
tolling on the ground that he failed to demonstrate that he
acted with due diligence.
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