United States Fourth Circuit

A petition to review an order affirming a denial of an asylum claim, an order denying petitioner's motion to rescind and reissue an order, and an order denying a motion to reopen immigration proceedings is denied where: 1) the petitioner does not need to file a separate petition for review for each of the three orders in issue as argued by the government under Stove v. I.N.S., 514 U.S. 386 (1995); 2) the petition to review the order affirming a denial of an asylum claim is denied because it was untimely filed; 3) the petition to review an order denying petitioner's motion to rescind and reissue is denied since there is no evidence that an incomplete address was a cause of the untimely filing and the decision to rescind and reissue an order of removal is properly left to the discretion of the BIA and where petitioner fails to receive an order through no fault of the BIA, a court of appeals properly defers to the BIA's decision not to extend this measure of grace; 4) there was insufficient evidence to reopen removal proceedings; and 5) retained counsel's ineffectiveness in a removal proceeding cannot deprive an alien of his Fifth Amendment right to a fundamentally fair hearing.

Appellate Information

• Decided 05/19/2008
• Published 05/19/2008

Judges

• Before WILLIAMS, Chief Judge, DUNCAN, Circuit Judge, and T.S. ELLIS, III, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Lawrence David Rosenberg, Jones Day, Washington, D.C., for Petitioner.  Jennifer Jeanette Keeney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.   ON BRIEF:  Kelly M. Cullen, Jones Day, Dallas, Texas;  Julia C. Ambrose, Esther Slater McDonald, Jones Day, Washington, D.C., for Petitioner.   Peter D. Keisler, Assistant Attorney General, Civil Division, Michelle Gorden Latour, Assistant Director, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.