UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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

This section has been repealed by the Illegal Immigration Reform Immigrant Responsibility Act of 1996 (IIRIRA), Pub.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

Section 306(b) of the IIRIRA, repealed 8 U.S.C. § 1105a(a)(4), replacing it with 8 U.S.C.A. § 1252(b)(4) (West 1999).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).