Yan v. Ashcroft

U.S. Court of Appeals for the Fourth Circuit November 10, 2003

Yan v. Ashcroft, 80 F. App'x 817 (4th Cir. 2003)

Opinion

PER CURIAM.

Petition denied by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.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

Xue Tuan Yan, a native and citizen of China, petitions for review from an order of the Board of Immigration Appeals (Board) denying his motion to reconsider. * We have reviewed the administrative record and the Board’s order and find that the Board did not abuse its discretion in denying Yan’s motion to reconsider. See 8 C.F.R. § 1003.2(a) (2003); INS v. Doherty, 502 U.S. 314, 323-24, 112 S.Ct. 719, 116 L.Ed.2d 823 (1992). Accordingly, we deny the petition for review on the reasoning of the Board. See In re: Yan, No. A70-697040 (B.I.A. Feb. 27, 2003). 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

The Board could not determine whether Yan sought reconsideration of its order affirming the immigration judge’s decision finding Yan removable and denying his asylum application as frivolous, or of its order denying his motion to reopen that proceeding. Therefore, the Board considered the motion as to each ruling.

Reference

Full Case Name: Xue Tuan YAN, Petitioner, v. John ASHCROFT, Attorney General, Respondent
Status: Unpublished