Filed: Jan. 07, 2008
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-1189 MULUADAM GEMECHU BIFTU, Petitioner, versus MICHAEL B. MUKASEY, Attorney General, Respondent. No. 07-1647 MULUADAM GEMECHU BIFTU, Petitioner, versus MICHAEL B. MUKASEY, Attorney General, Respondent. On Petitions for Review of Orders of the Board of Immigration Appeals. (A98-730-941) Submitted: December 12, 2007 Decided: January 7, 2008 Before WILKINSON, NIEMEYER, and GREGORY, Circuit Judges. Petitions denied by unpubli
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-1189 MULUADAM GEMECHU BIFTU, Petitioner, versus MICHAEL B. MUKASEY, Attorney General, Respondent. No. 07-1647 MULUADAM GEMECHU BIFTU, Petitioner, versus MICHAEL B. MUKASEY, Attorney General, Respondent. On Petitions for Review of Orders of the Board of Immigration Appeals. (A98-730-941) Submitted: December 12, 2007 Decided: January 7, 2008 Before WILKINSON, NIEMEYER, and GREGORY, Circuit Judges. Petitions denied by unpublis..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-1189
MULUADAM GEMECHU BIFTU,
Petitioner,
versus
MICHAEL B. MUKASEY, Attorney General,
Respondent.
No. 07-1647
MULUADAM GEMECHU BIFTU,
Petitioner,
versus
MICHAEL B. MUKASEY, Attorney General,
Respondent.
On Petitions for Review of Orders of the Board of Immigration
Appeals. (A98-730-941)
Submitted: December 12, 2007 Decided: January 7, 2008
Before WILKINSON, NIEMEYER, and GREGORY, Circuit Judges.
Petitions denied by unpublished per curiam opinion.
Samuel Cassin, Jason A. Dzubow, Lisa D. Butler, Washington, D.C.,
for Petitioner. Jeffrey S. Bucholtz, Acting Assistant Attorney
General, Anh-Thu P. Mai, Senior Litigation Counsel, Arthur L.
Rabin, Office of Immigration Litigation, UNITED STATES DEPARTMENT
OF JUSTICE, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
In these consolidated cases, Muluadam Gemechu Biftu, a
native and citizen of Ethiopia, petitions for review of orders of
the Board of Immigration Appeals (“Board”) adopting and affirming
the immigration judge’s order denying her applications for asylum,
withholding from removal and withholding under the Convention
Against Torture (“CAT”) and denying her motion for reconsideration
and to reopen. We deny the petitions for review.
Insofar as Biftu petitions for review of the Board’s
order adopting and affirming the immigration judge’s decision, we
deny the petition for review because Biftu did not challenge the
decision in the argument section of her brief. “It is a well
settled rule that contentions not raised in the argument section of
the opening brief are abandoned.” United States v. Al-Hamdi,
356
F.3d 564, 571 n.8 (4th Cir. 2004). This rule applies in the
immigration context as well. See Yousefi v. INS,
260 F.3d 318, 326
(4th Cir. 2001) (issues not raised in the opening brief are
abandoned).
We further find the Board did not abuse its discretion in
denying the motion to reconsider or to reopen. See
Nibagwire v. Gonzales,
450 F.3d 153, 156 (4th Cir. 2006); Jean v.
Gonzales,
435 F.3d 475, 481 (4th Cir. 2006) (stating standard of
reviews). We find the Board did not clearly err by finding after
reviewing Biftu’s submissions that she failed to support her claim
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that she would be subjected to persecution if she returned to
Ethiopia. We will not review the claim that the Board erred by not
independently reviewing her claims for withholding from removal and
withholding under the CAT. According to Biftu, a finding of firm
resettlement does not prevent the alien from receiving either of
those forms of relief. Biftu did not raise this claim in her
motion to reopen. See Asika v. Ashcroft,
362 F.3d 264, 267 n.3
(4th Cir. 2004).
Accordingly, we deny the petitions for review. We
dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before the court and
argument would not aid the decisional process.
PETITIONS DENIED
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