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    Olympio v. Holder, 4th Cir. (2009)

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    The United States Court of Appeals for the Fourth Circuit denied Melissa Ayodele Olympio's petition for review of the Board of Immigration Appeals' (BIA) denial of her motion to reopen her case. The Court reviewed the BIA's denial of the motion to reopen for abuse of discretion and found no abuse. The Court denied the petition for review, relying on the BIA's reasoning that the motion to reopen was properly denied. The Court also noted that Olympio's claims of ineffective assistance of counsel are foreclosed by precedent holding there is no constitutional right to effective assistance of counsel in removal proceedings.

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    Olympio v. Holder, 4th Cir. (2009)

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    The United States Court of Appeals for the Fourth Circuit denied Melissa Ayodele Olympio's petition for review of the Board of Immigration Appeals' (BIA) denial of her motion to reopen her case. The Court reviewed the BIA's denial of the motion to reopen for abuse of discretion and found no abuse. The Court denied the petition for review, relying on the BIA's reasoning that the motion to reopen was properly denied. The Court also noted that Olympio's claims of ineffective assistance of counsel are foreclosed by precedent holding there is no constitutional right to effective assistance of counsel in removal proceedings.

    Original Description:

    Filed: 2009-03-16 Precedential Status: Non-Precedential Docket: 08-1551

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    The United States Court of Appeals for the Fourth Circuit denied Melissa Ayodele Olympio's petition for review of the Board of Immigration Appeals' (BIA) denial of her motion to reopen her case. The Court reviewed the BIA's denial of the motion to reopen for abuse of discretion and found no abuse. The Court denied the petition for review, relying on the BIA's reasoning that the motion to reopen was properly denied. The Court also noted that Olympio's claims of ineffective assistance of counsel are foreclosed by precedent holding there is no constitutional right to effective assistance of counsel in removal proceedings.

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    Olympio v. Holder, 4th Cir. (2009)

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    The United States Court of Appeals for the Fourth Circuit denied Melissa Ayodele Olympio's petition for review of the Board of Immigration Appeals' (BIA) denial of her motion to reopen her case. The Court reviewed the BIA's denial of the motion to reopen for abuse of discretion and found no abuse. The Court denied the petition for review, relying on the BIA's reasoning that the motion to reopen was properly denied. The Court also noted that Olympio's claims of ineffective assistance of counsel are foreclosed by precedent holding there is no constitutional right to effective assistance of counsel in removal proceedings.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-1551

    MELISSA AYODELE OLYMPIO,


    Petitioner,
    v.
    ERIC H. HOLDER, JR., Attorney General,
    Respondent.

    On Petition for Review of an Order of the Board of Immigration


    Appeals.

    Submitted:

    February 25, 2009

    Decided:

    March 16, 2009

    Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Petition denied by unpublished per curiam opinion.

    Laura L. Lichter, LICHTER & ASSOCIATES, P.C., Denver, Colorado,


    for Petitioner.
    Michael F. Hertz, Acting Assistant Attorney
    General, David V. Bernal, Assistant Director, Lauren E. Fascett,
    Office of Immigration Litigation, UNITED STATES DEPARTMENT OF
    JUSTICE, Washington, D.C., for Respondent.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Melissa Ayodele Olympio, a native and citizen of Togo,
    petitions for review of an order of the Board of Immigration
    Appeals denying her motion to reopen.

    We review the denial of a

    motion to reopen for abuse of discretion.

    8 C.F.R. 1003.2(a)

    (2008); INS v. Doherty, 502 U.S. 314, 323-24 (1992); Barry v.


    Gonzales, 445 F.3d 741, 744 (4th Cir. 2006).

    This court will

    reverse the Boards denial of a motion to reopen only if the


    denial is arbitrary, capricious, or contrary to law.

    Barry,

    445 F.3d at 745.


    Based on our review of the record, we find that the
    Board did not abuse its discretion in denying the motion to
    reopen.

    Accordingly,

    we

    deny

    the

    petition

    substantially on the reasoning of the Board.


    (B.I.A.

    Apr.

    assistance

    of

    8,

    2008).

    counsel

    We

    note

    claims

    are

    that

    for

    review

    See In re: Olympio

    Olympios

    foreclosed

    by

    ineffective
    our

    recent

    decision in Afanwi v. Mukasey, 526 F.3d 788, 796-99 (4th Cir.


    2008) (holding that there is no constitutional right under the
    Fifth Amendment to effective assistance of counsel in removal
    proceedings).

    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
    2

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