Filed: Feb. 09, 2016
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1516 ERDENESUREN DAGAMJAV, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: December 17, 2015 Decided: February 9, 2016 Before GREGORY, WYNN, and THACKER, Circuit Judges. Petition denied by unpublished per curiam opinion. John L. Wheaton, JOHN L. WHEATON, ATTORNEY AT LAW, PLLC, Seattle, Washington, for Petitioner. Benjamin C. Mi
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1516 ERDENESUREN DAGAMJAV, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: December 17, 2015 Decided: February 9, 2016 Before GREGORY, WYNN, and THACKER, Circuit Judges. Petition denied by unpublished per curiam opinion. John L. Wheaton, JOHN L. WHEATON, ATTORNEY AT LAW, PLLC, Seattle, Washington, for Petitioner. Benjamin C. Miz..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-1516
ERDENESUREN DAGAMJAV,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: December 17, 2015 Decided: February 9, 2016
Before GREGORY, WYNN, and THACKER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
John L. Wheaton, JOHN L. WHEATON, ATTORNEY AT LAW, PLLC,
Seattle, Washington, for Petitioner. Benjamin C. Mizer,
Principal Deputy Assistant Attorney General, Song Park, Senior
Litigation Counsel, Timothy G. Hayes, 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Unpublished opinions are not binding precedent in this circuit.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:
Erdenesuren Dagamjav, a native and citizen of Mongolia,
petitions for review of an order of the Board of Immigration
Appeals dismissing Dagamjav’s appeal of the immigration judge’s
denial of his motion to reopen through which Dagamjav sought
rescission of a previously entered in absentia order of removal.
We have reviewed the administrative record and find no abuse of
discretion in the denial of relief on Dagamjav’s motion. See 8
C.F.R. § 1003.23(b)(4)(ii) (2015). Substantial evidence
supports the immigration judge’s factual determination, affirmed
by the Board, that Dagamjav’s prior attorney did not provide
ineffective assistance of counsel, see 8 U.S.C. § 1252(b)(4)(B)
(2012) (“[A]dministrative findings of fact are conclusive unless
any reasonable adjudicator would be compelled to conclude to the
contrary.”), such that the 180-day period for filing such a
motion to reopen would be equitably tolled, see 8 U.S.C.
§ 1229a(b)(5)(C)(i) (2012) (setting forth time limitation for
filing a motion to reopen to seek rescission of an in absentia
order of removal).
Accordingly, we deny the petition for review for the
reasons stated by the Board. See In re: Dagamjav (B.I.A.
Mar. 20, 2015). We dispense with oral argument because the
facts and legal contentions are adequately presented in the
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materials before this court and argument would not aid the
decisional process.
PETITION DENIED
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