Filed: Nov. 21, 2005
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-1519 ALMAZ DEME ABOYE, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A95-905-360) Submitted: October 31, 2005 Decided: November 21, 2005 Before LUTTIG and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Aragaw Mehari, Washington, D.C., for Petitioner. Peter D. Keisler,
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-1519 ALMAZ DEME ABOYE, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A95-905-360) Submitted: October 31, 2005 Decided: November 21, 2005 Before LUTTIG and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Aragaw Mehari, Washington, D.C., for Petitioner. Peter D. Keisler, ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1519
ALMAZ DEME ABOYE,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A95-905-360)
Submitted: October 31, 2005 Decided: November 21, 2005
Before LUTTIG and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Aragaw Mehari, Washington, D.C., for Petitioner. Peter D. Keisler,
Assistant Attorney General, James E. Grimes, Senior Litigation
Counsel, 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Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Almaz Deme Aboye, a native and citizen of Ethiopia,
petitions for review of a decision of the Board of Immigration
Appeals (“Board”) denying her motion to reopen based upon newly
discovered evidence. We review a denial of a motion to reopen for
abuse of discretion. INS v. Doherty,
502 U.S. 314, 323-24 (1992).
A denial of a motion to reopen must be reviewed with extreme
deference, since immigration statutes do not contemplate reopening
and the applicable regulations disfavor motions to reopen. M.A. v.
INS,
899 F.2d 304, 308 (4th Cir. 1990) (en banc). The motion
“shall state the new facts that will be proven at a hearing to be
held if the motion is granted and shall be supported by affidavits
or other evidentiary material.” 8 C.F.R. § 1003.23(b)(3) (2005).
A motion to reopen will not be granted unless the alien shows that
the evidence sought to be offered is material and was not available
and could not have been discovered or presented at the former
hearing. 8 C.F.R. § 1003.2(c)(1).
We have recognized three independent grounds on which a
motion to reopen removal proceedings may be denied: “(1) the alien
has not established a prima facie case for the underlying
substantive relief sought; (2) the alien has not introduced
previously unavailable, material evidence; and (3) where relief is
discretionary, the alien would not be entitled to the discretionary
grant of relief.” Onyeme v. INS,
146 F.3d 227, 234 (4th Cir. 1998)
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(citing INS v. Abudu,
485 U.S. 94, 104-05 (1988)). In adhering to
the degree of deference given to the agency’s discretionary review,
we have observed that the decision to deny a motion to reopen “need
only be reasoned, not convincing.”
M.A., 899 F.2d at 310 (internal
quotation marks omitted).
We find the Board did not abuse its discretion in denying
the motion to reopen. The newly discovered evidence was not sworn
and was short on details. In addition, the letter did not provide
the source of the allegedly corroborative information.
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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