Getachew v. INS

U.S. Court of Appeals for the Fourth Circuit

Getachew v. INS

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-2129

YEHEYIS NEGEY GETACHEW,

Petitioner,

versus

U.S. IMMIGRATION & NATURALIZATION SERVICE,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. (A29-704-576)

Submitted: January 18, 2000 Decided: March 16, 2000

Before WILLIAMS, MICHAEL, and TRAXLER, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Allan Ebert, LAW OFFICES OF ALLAN EBERT, Washington, D.C., for Pe- titioner. David W. Ogden, Acting Assistant Attorney General, Civil Division, Karen Fletcher Torstenson, Assistant Director, Russell J.E. Verby, Office of Immigration Litigation, UNITED STATES DEPART- MENT OF JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Yeheyis Negey Getachew seeks review of an order of the Board

of Immigration Appeals (Board) dismissing an appeal from the deci-

sion of the immigration judge and denying him political asylum,

8 U.S.C.A. § 1158

(West 1999), and withholding of deportation,

8 U.S.C. § 1253

(h) (1994).1 Getachew is a native and citizen of

Ethiopia.

We conclude that the decision of the Board is supported by

“reasonable, substantial, and probative evidence on the record con-

sidered as a whole. . . .” 8 U.S.C. § 1105a(a)(4) (1994).2 There-

fore, we deny Getachew’s petition for review. We dispense with

oral argument because the facts and legal contentions are adequate-

ly presented in the materials before the court and argument would

not aid the decisional process.

PETITION DENIED

1 This section has been repealed by the Illegal Immigration Reform Immigrant Responsibility Act of 1996 (IIRIRA),

Pub. L. No. 104-208, 110

Stat. 3009. However, because Getachew was in deporta- tion proceedings on the effective date of the Act, the amendments do not apply. IIRIRA § 309(c)(1). 2 Section 306(b) of the IIRIRA, repealed 8 U.S.C. § 1105a(a)(4), replacing it with

8 U.S.C.A. § 1252

(b)(4) (West 1999). Again, because Getachew was in deportation proceedings before the effective date of the IIRIRA, the transitional rules provide for judicial review under § 1105a(a)(4) as it existed before enactment of the IIRIRA. IIRIRA § 309(c)(4).

2

Reference

Status
Unpublished