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06-1863•Abdalla Said Ally v. Doherty, 502 U.S. 314, 323-24 1992
06-1863Court of Appeals for the Fourth CircuitApr 6, 2007
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-1863
ABDALLA SAID ALLY,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A79-483-802)
Submitted: February 23, 2007 Decided: April 6, 2007
Before MOTZ and TRAXLER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Fatai A. Suleman, AMITY, KUM & SULEMAN, P.A., Greenbelt, Maryland,
for Petitioner. Peter D. Keisler, Assistant Attorney General,
James E. Grimes, Senior Litigation Counsel, Dimitri N. Rocha,
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Unpublished opinions are not binding precedent in this circuit.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:
Abdalla Said Ally, a native and citizen of Tanzania,
petitions for review of an order of the Board of Immigration
Appeals (“Board”) denying his motion to reopen. We review the
denial of a motion to reopen for abuse of discretion. INS v.
Doherty, 502 U.S. 314, 323-24 (1992); Barry v. Gonzales, 445 F.3d
741, 744 (4th Cir. 2006), cert. denied, 127 S. Ct. 1147 (2007).
The denial of a motion to reopen must be reviewed with
extreme deference, since immigration statutes do not contemplate
reopening and the applicable regulations disfavor such motions.
M.A. v. INS, 899 F.2d 304, 308 (4th Cir. 1990) (en banc). This
court reverses the Board’s denial of such a motion only if the
denial is “arbitrary, capricious, or contrary to law.” Barry, 445
F.3d at 745. We find the Board did not abuse its discretion in
denying the motion to reopen.
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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