Opinion
No. 09-1261.
Submitted: December 16, 2009.
Filed: December 16, 2009.
Petition for Review of an Order of the Board of Immigration Appeals.
Saher Joseph Macarius, Framingham, MA, for Petitioner.
Jamie M. Dowd, Karen Yolanda Drummond, Richard M. Evans, Thomas W. Hussey, Kelly J. Walls, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, Trey Lund, U.S. Immigration Customs Enforcement, New Orleans, LA, for Respondent.
Before WOLLMAN, RILEY, and SMITH, Circuit Judges.
[UNPUBLISHED]
Egyptian citizen Hany Fahmy Basily petitions for review of an order of the Board of Immigration Appeals (BIA) which denied his June 2008 motion to reopen, reconsider, and remand. After careful review, we conclude that the BIA acted within its discretion, see Vargas v. Holder, 567 F.3d 387, 391 (8th Cir. 2009); Miah v. Mukasey, 519 F.3d 784, 789-90 (8th Cir. 2008), and that the alleged due process violation did not affect the outcome of the proceedings, see Banat v. Holder, 557 F.3d 886, 893 (8th Cir. 2009). Accordingly, we deny the petition.