Filed: Jul. 07, 2009
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-1645 JAMES SONG NKUO, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: June 22, 2009 Decided: July 7, 2009 Before WILKINSON and NIEMEYER, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Peter Nyoh, PETER NYOH & ASSOCIATES, Silver Spring, Maryland, for Petitioner. Michael
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-1645 JAMES SONG NKUO, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: June 22, 2009 Decided: July 7, 2009 Before WILKINSON and NIEMEYER, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Peter Nyoh, PETER NYOH & ASSOCIATES, Silver Spring, Maryland, for Petitioner. Michael F..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-1645
JAMES SONG NKUO,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: June 22, 2009 Decided: July 7, 2009
Before WILKINSON and NIEMEYER, Circuit Judges, and HAMILTON,
Senior Circuit Judge.
Petition denied by unpublished per curiam opinion.
Peter Nyoh, PETER NYOH & ASSOCIATES, Silver Spring, Maryland,
for Petitioner. Michael F. Hertz, Acting Assistant Attorney
General, Linda S. Wernery, Assistant Director, Janice K.
Redfern, 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Unpublished opinions are not binding precedent in this circuit.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:
James Song Nkuo, a native and citizen of Cameroon,
petitions for review of an order of the Board of Immigration
Appeals (“Board”) denying his motion to reconsider the denial of
his second motion to reopen. We deny the petition for review.
We review the Board’s denial of a motion to reconsider
with extreme deference and only for abuse of discretion. 8
C.F.R. § 1003.2(a) (2009); Jean v. Gonzales,
435 F.3d 475, 481
(4th Cir. 2006); Stewart v. INS,
181 F.3d 587, 595 (4th Cir.
1999). The Board’s broad discretion will be reversed only if
its decision “lacked a rational explanation, departed from
established policies, or rested on an impermissible basis.”
Jean, 435 F.3d at 483 (internal quotation marks and citations
omitted).
A motion for reconsideration asserts the Board made an
error in its earlier decision, Jean, 435 F.3d at 482-83, and
requires the movant to specify that error. 8 C.F.R.
§ 1003.2(b)(1) (2009); In re Cerna, 20 I. & N. Dec. 399, 402
(B.I.A. 1991) (noting that a motion to reconsider questions a
decision for alleged errors in appraising the facts and the
law). “To be within a mile of being granted, a motion for
reconsideration has to give the tribunal to which it is
addressed a reason for changing its mind.” Ahmed v. Ashcroft,
388 F.3d 247, 249 (7th Cir. 2004). Motions that simply repeat
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contentions that have already been rejected are insufficient to
convince the Board to reconsider a previous decision. Id.
We find the Board did not abuse its discretion in
denying the motion to reconsider. Accordingly, we deny the
petition 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.
PETITION DENIED
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