Hossein Eghtedari v. ERIC H. HOLDER, JR., Attorney General

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1578
HOSSEIN EGHTEDARI,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: January 20, 2011 Decided: February 14, 2011
Before NIEMEYER and GREGORY, Circuit Judges, and HAMILTON,
Senior Circuit Judge.
Petition denied in part; dismissed in part by unpublished per
curiam opinion.
Ladan Mirbagheri Smith, MIRBAGHERI & SMITH, LLP, Rockville,
Maryland, for Petitioner. Tony West, Assistant Attorney
General, William C. Peachey, Assistant Director, Ada E. Bosque,
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Unpublished opinions are not binding precedent in this circuit.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:
Hossein Eghtedari, a native and citizen of Iran,
petitions for review of an order of the Board of Immigration
Appeals (“Board”) denying his motion to reopen proceedings. We
have reviewed the administrative record and the Board’s order
and find that the Board did not abuse its discretion in denying
the motion to reopen. See 8 C.F.R. § 1003.2(a) (2010). We
therefore deny the petition for review in part for the reasons
stated by the Board. See In re: Eghtedari (B.I.A. Apr. 27,
2010).
We lack jurisdiction to review Eghtedari’s claim that
the Board failed to assess “the availability and use of
technological devices to identify political activists” as
Eghtedari failed to raise this argument before the Board. See 8
U.S.C. § 1252(d)(1) (2006); Massis v. Mukasey, 549 F.3d 631,
638-40 (4th Cir. 2008). We therefore dismiss this portion of
the petition for review.
Accordingly, we deny in part and dismiss in part 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 IN PART;
DISMISSED IN PART

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