09 -12 37 -ag

Islam v. Hold er BIA A076 026 583 

### UNITE D STATES C OURT OF AP PEALS FOR T HE SE COND CIRCU IT 

# SUM MARY ORDE R

RULINGS BY S U MMA R Y ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO SUMMARY ORDERS FILED AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY THIS COURT’S LOCAL RULE 32.1 AND FEDERAL RULE OF APPELLATE PROCEDURE 32.1. IN A BRIEF O R O T H E R P A P E R IN WHICH A LITIGANT CITES A SUMMARY ORDER, IN EACH PARAGRAPH IN WHICH A CITATION APPEARS, AT LEAST ONE CITATION MUST EITHER BE TO THE FEDERAL APPENDIX OR BE A CCOMPANIED BY THE NOTATION: “(SUMMARY ORDER).” A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF THAT SUMMARY ORDER TOGETHER WITH THE PAPER IN WHICH THE SUMMARY ORDER IS CITED ON ANY PARTY NOT REPRESENTED BY COUNSEL UNLESS THE SUMMARY ORDER IS AVAILABLE IN AN E L E C T R O N I C DATABASE WHICH IS PUBLICLY ACCESSI BLE WITHOUT PAYMENT OF FEE (SUCH AS THE DATABASE AVAILABLE AT HTTP://WWW.CA2.USCOURTS.GOV/). IF NO COPY IS SERVED BY REASON OF THE AVAILABILITY OF THE ORDER ON SUCH A DATABASE, THE CITATION MUST INCLUDE REFERENCE TO THAT DATABASE AND THE DOCKET NUMBER OF THE CASE IN WHICH THE ORDER WAS ENTERED. 1 At a stated term of the United States Court of Appeals 2 for the Second Circuit, held at the Daniel Patrick Moynihan 3 United States Courthouse, 500 Pearl Street, in the City of 4 New York, on the 8 day of December, two thousand nine. th 5 6 PRESENT: 7 DENNIS JACOBS, 8 Chief Judge, 9 JON O. NEWMAN, 10 DEBRA ANN LIVINGSTON, 11 Circuit Judges . 12

_________________________________________ 13 14 MOHAMMED HABIBUL ISLAM, 15 Petitioner , 16 17 v. 09-1237-ag 18 NAC 19 ERIC H. HOLDER, JR., UNITED STATES 20 ATTORNEY GENERAL, UNITED STATES DEPARTMENT 21 OF JUSTICE, 22 Respondent . 23

_________________________________________ 24 25 FOR PETITIONER: Bruno Joseph Bembi, Hempstead, New 26 York.2 1 FOR RESPONDENTS: Tony West, Assistant Attorney 2 General; Keith I. McManus, Senior 3 Litigation Counsel; Timothy G. 4 Hayes, Trial Attorney, Office of 5 Immigration Litigation, United 6 States Department of Justice, 7 Washington, D.C. 8 9 UPON DUE CONSIDERATION of this petition for review of a 1 0 Board of Immigration Appeals (“BIA”) decision, it is hereby 1 1 ORDERED, ADJUDGED, AND DECREED, that the petition for review 1 2 is DENIED. 1 3 Petitioner Mohammed Habibul Islam, a native and citizen 1 4 of Bangladesh, seeks review of the February 27, 2009 order 1 5 of the BIA denying his motion to reconsider. In re Mohammed 16 Habibul Islam , No. A076 026 583 (B.I.A. Feb. 27, 2009). We 1 7 assume the parties’ familiarity with the underlying facts 1 8 and procedural history of the case. 1 9 When, as here, an alien files a timely petition for 2 0 review from the denial of a motion to reconsider, but not 2 1 from the underlying decision for which reconsideration is 2 2 sought, we may review only the denial of the motion to 2 3 reconsider. Ke Zhen Zhao v. U.S. Dep’t of Justice , 265 F.3d 2 4 83, 89-90 (2d Cir. 2001). Thus, to the extent Islam 2 5 challenges the BIA’s denial of his motion to reopen, we are 2 6 without jurisdiction to consider his arguments. To the3 1 extent Islam challenges the denial of his motion to 2 reconsider, we find that the BIA reasonably denied that 3 motion because he failed to specify errors of fact or law in 4 its prior decision as required by 8 C.F.R. § 1003.2(b)(1). 5 See Jin Ming Liu v. Gonzales , 439 F.3d 109, 111 (2d Cir. 6 2006) (per curiam) (holding that “[t]he BIA does not abuse 7 its discretion by denying a motion to reconsider where the 8 motion [merely] repeats arguments that the BIA has 9 previously rejected.”).

For the foregoing reasons, the petition for review is 10 1 1 DENIED. As we have completed our review, any stay of 1 2 removal that the Court previously granted in this petition 1 3 is VACATED, and any pending motion for a stay of removal in 1 4 this petition is DISMISSED as moot. Any pending request for 1 5 oral argument in this petition is DENIED in accordance with 1 6 Federal Rule of Appellate Procedure 34(a)(2) and Second 1 7 Circuit Local Rule 34(b). 1 8 FOR THE COURT: 1 9 Catherine O’Hagan Wolfe, Clerk 20 21 2 2 By:___________________________