031785P.pdf   08/05/2004  Tony Esenwah  v.  John D. Ashcroft
   U.S. Court of Appeals Case No:  03-1785
   Agency   
   Petition for review - Immigration. Review of BIA's denial of motion 
   for reconsideration is performed under an abuse of discretion standard; 
   proper review under that standard necessarily requires some review of the 
   underlying decision, and the Supreme Court's decision in Stone v. INS, 
   514 U.S. 386 (1995) should not be read to deprive the court of appeal of 
   jurisdiction to conduct the review; BIA did not abuse its discretion when 
   it declined to revisit its previous determination that petitioner had not 
   suffered persecution on a statutorily protected ground; BIA's finding that 
   petitioner had not shown a nexus between the persecution he suffered and 
   his tribal membership cannot be considered an abuse of discretion. 
   [PUBLISHED] [Bowman, Author, with Loken, Chief Judge, and 
   Wollman, Circuit Judge]