Hany Basily v. Eric H. Holder, Jr., No. 09-1261 (8th Cir. 2009)
Annotate this CaseCourt Description: Petition for Review - Immigration. BIA acted within its discretion in denying petitioner's motion to reopen.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 09-1261 ___________ Hany Fahmy Basily, * * Petitioner, * * Petition for Review of v. * an Order of the Board * of Immigration Appeals. Eric H. Holder, Jr., Attorney General * of the United States, * [UNPUBLISHED] * Respondent. * ___________ Submitted: December 16, 2009 Filed: December 16, 2009 ___________ Before WOLLMAN, RILEY, and SMITH, Circuit Judges. ___________ PER CURIAM. Egyptian citizen Hany Fahmy Basily petitions for review of an order of the Board of Immigration Appeals (BIA) which denied his June 2008 motion to reopen, reconsider, and remand. After careful review, we conclude that the BIA acted within its discretion, see Vargas v. Holder, 567 F.3d 387, 391 (8th Cir. 2009); Miah v. Mukasey, 519 F.3d 784, 789-90 (8th Cir. 2008), and that the alleged due process violation did not affect the outcome of the proceedings, see Banat v. Holder, 557 F.3d 886, 893 (8th Cir. 2009). Accordingly, we deny the petition. ______________________________
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