Raymond Atimbaneme v. Jefferson B. Sessions, III, No. 16-4169 (8th Cir. 2017)

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Court Description: Per Curiam - Before Colloton, Murphy and Kelly, Circuit Judges] Petition for Review - Immigration. The BIA did not abuse its discretion by denying petitioner's motion to reopen.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-4169 ___________________________ Raymond Baba Atimbaneme, lllllllllllllllllllllPetitioner, v. Jefferson B. Sessions, III, Attorney General of the United States, lllllllllllllllllllllRespondent. ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: August 7, 2017 Filed: August 14, 2017 [Unpublished] ____________ Before COLLOTON, MURPHY, and KELLY, Circuit Judges. ____________ PER CURIAM. Raymond Baba Atimbaneme, a citizen of Ghana, petitions for review of an order by the Board of Immigration Appeals (BIA) denying his motion to reopen, which was based on his claim that counsel provided ineffective assistance in proceedings on his application for a waiver of inadmissibility. We grant Atimbaneme’s motion to withdraw his first motion to file an amended opening brief, and we deny his second motion to file an amended opening brief. Turning to the merits, we conclude that the BIA did not abuse its discretion in denying the motion to reopen, as the BIA did not fail to offer a rational explanation for its decision, depart from its established policies without explanation, ignore or distort the evidence in the record, or rely on legal error or impermissible factors. See Valencia v. Holder, 657 F.3d 745, 748 (8th Cir. 2011). The petition for review is denied. ______________________________ -2-

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