Xiandong Xie v. Eric Holder, Jr., No. 08-1951 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-1951 XIANDONG XIE, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent.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 Petition denied by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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 (Board) of an denying order his of motion the of Immigration reopen to Board as untimely. Appeals 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. dispense with See In re: Xie (B.I.A. July 29, 2008). oral argument because the facts and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. PETITION DENIED 2

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