Nigist Assefa v. Eric Holder, Jr., No. 09-2022 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-2022 NIGIST ASSEFA; EMANUEL TESFAYE, Petitioners, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: April 8, 2010 Decided: June 1, 2010 Before MOTZ, DUNCAN, and DAVIS, Circuit Judges. Petition denied by unpublished per curiam opinion. Dev A. Kayal, Silver Spring, Maryland; Joseph C. Hohenstein, ORLOW, KAPLAN & HOHENSTEIN, LLP, Philadelphia, Pennsylvania, for Petitioners. Tony West, Assistant Attorney General, John S. Hogan, Senior Litigation Counsel, Edward E. Wiggers, 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 Unpublished opinions are not binding precedent in this circuit.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: Nigist Assefa and her son, Emanuel Tesfaye, natives and citizens of Ethiopia, petition for review of an order of the Board of Immigration Appeals ( Board ) denying their motion to reopen. We deny the petition for review. The denial of a motion to reopen is reviewed for abuse of discretion. novo. The Board s legal conclusions are reviewed de INS v. Doherty, 502 U.S. 314, 323-24 (1992); Zheng v. Holder, 562 F.3d 647, 651 (4th Cir. 2009); Barry v. Gonzales, 445 F.3d discretion 741, 744 (4th Cir. or any errors of 2006). law in We find the no Board s abuse of decision. Accordingly, we deny the petition for review. We dispense with oral contentions argument adequately because presented in the the facts and materials legal before the court are and argument would not aid the decisional process. PETITION DENIED 2

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