U.S. Court of Appeals for the Fourth Circuit, 2005

Yemane v. Gonzales

Yemane v. Gonzales
U.S. Court of Appeals for the Fourth Circuit · Decided April 25, 2005 · King, Motz, Per Curiam, Wilkinson
126 F. App'x 623

Yemane v. Gonzales

Opinion

PER CURIAM.

Seble Haile Yemane, a native and citizen of Ethiopia, petitions for review of an order of the Board of Immigration Appeals (Board) denying her motion to reconsider its denial of her motion to reopen.

We review the Board’s denial of a motion to reconsider for an abuse of discretion. See 8 C.F.R. § 1003.2(a) (2004); Yanez-Popp v. INS, 998 F.2d 231, 234 (4th Cir. 1993). A motion to reconsider asserts that the Board made an error in its earlier decision. The motion must “state the reasons for the motion by specifying the errors of fact or law in the prior Board decision and shall be supported by pertinent authority.” 8 C.F.R. § 1003.2(b)(1). Such motions are especially disfavored “in a deportation proceeding, where, as a general matter, every delay works to the advantage of the deportable alien who wishes merely to remain in the United States.” INS v. Doherty, 502 U.S. 314, 323, 112 S.Ct. 719, 116 L.Ed.2d 823 (1992).

We have reviewed the administrative record and the Board’s decision and conclude the Board did not abuse its discretion when it found that Yemane failed to establish that the documents she submitted with her motion to reopen were material and previously unavailable. 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 *624 the court and argument would not aid the decisional process.

PETITION DENIED

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