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    1) Yared Assefa Abebe, an Ethiopian citizen, petitioned for review of the Board of Immigration Appeals' (BIA) denial of his motion for reconsideration of an order of removal. 2) The BIA denied the motion for reconsideration because Abebe failed to specify errors of law or fact in the BIA's prior decision, as required. Abebe did not raise specific factual issues in his initial appeal to the BIA regarding the immigration judge's adverse credibility finding against him. 3) The U.S. Court of Appeals for the Fourth Circuit denied Abebe's petition for review, finding that the BIA did not abuse its discretion in denying

    Original Description:

    Filed: 2012-08-21 Precedential Status: Non-Precedential Docket: 12-1229

    Original Title

    Yared Abebe v. Eric Holder, Jr., 4th Cir. (2012)

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    1) Yared Assefa Abebe, an Ethiopian citizen, petitioned for review of the Board of Immigration Appeals' (BIA) denial of his motion for reconsideration of an order of removal. 2) The BIA denied the motion for reconsideration because Abebe failed to specify errors of law or fact in the BIA's prior decision, as required. Abebe did not raise specific factual issues in his initial appeal to the BIA regarding the immigration judge's adverse credibility finding against him. 3) The U.S. Court of Appeals for the Fourth Circuit denied Abebe's petition for review, finding that the BIA did not abuse its discretion in denying

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    2 views3 pages

    Yared Abebe v. Eric Holder, JR., 4th Cir. (2012)

    Uploaded by

    Scribd Government Docs
    1) Yared Assefa Abebe, an Ethiopian citizen, petitioned for review of the Board of Immigration Appeals' (BIA) denial of his motion for reconsideration of an order of removal. 2) The BIA denied the motion for reconsideration because Abebe failed to specify errors of law or fact in the BIA's prior decision, as required. Abebe did not raise specific factual issues in his initial appeal to the BIA regarding the immigration judge's adverse credibility finding against him. 3) The U.S. Court of Appeals for the Fourth Circuit denied Abebe's petition for review, finding that the BIA did not abuse its discretion in denying

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-1229

    YARED ASSEFA ABEBE,


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

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


    Appeals.

    Submitted:

    July 26, 2012

    Before KING and


    Circuit Judge.

    DIAZ,

    Decided:

    Circuit

    Judges,

    and

    August 21, 2012

    HAMILTON,

    Senior

    Petition denied by unpublished per curiam opinion.

    David Garfield, GARFIELD LAW GROUP, LLP, Washington, D.C., for


    Petitioner.
    Stuart F. Delery, Acting Assistant Attorney
    General, Shelley R. Goad, Assistant Director, Kristen Giuffreda
    Chapman,
    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:
    Yared Assefa Abebe, a native and citizen of Ethiopia,
    petitions for review of an order of the Board of Immigration
    Appeals (Board) denying his motion for reconsideration.

    We

    deny the petition for review.


    A motion to reconsider must specify the errors of law
    or

    fact

    in

    the

    1229a(c)(6)(c)

    Boards

    (2006);

    prior
    C.F.R.

    decision.
    1003.2(b)

    See

    (2012).

    U.S.C.
    This

    court reviews the denial of a motion for reconsideration for


    abuse of discretion.

    Narine v. Holder, 559 F.3d 246, 249 (4th

    Cir. 2009); Jean v. Gonzales, 435 F.3d 475, 481 (4th Cir. 2006).
    The

    court

    will

    reverse

    the

    Boards

    decision

    arbitrary, irrational, or contrary to law.


    249.

    only

    if

    it

    is

    Narine, 559 F.3d at

    [A]dministrative findings of fact are conclusive unless

    any reasonable adjudicator would be compelled to conclude to the


    contrary.

    8 U.S.C. 1252(b)(4)(B) (2006).


    We conclude there was no abuse of discretion.

    failed
    despite

    to

    raise

    the

    specific

    1003.3(b) (2012).

    factual

    issues

    instructions

    to

    on
    do

    Abebe

    appeal

    to

    the

    Board,

    so.

    See

    C.F.R.

    The Board did not abuse its discretion by

    finding that Abebe could not use a motion to reconsider to alert


    the Board to his contentions regarding the immigration judges
    factual findings that supported the adverse credibility finding
    when he did not raise those arguments on appeal.
    2

    Accordingly,
    dispense

    with

    oral

    we

    deny

    argument

    the

    petition

    because

    the

    for
    facts

    review.
    and

    We
    legal

    contentions are adequately presented in the materials before the


    court and argument would not aid the decisional process.

    PETITION DENIED

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