Amouzou v. Ashcroft

• Court: Court of Appeals for the Fourth Circuit
• Decided: January 24, 2005
• Docket: 04-2023
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-2023

AGBEGNIGAN AMOUZOU,

Petitioner,

versus

JOHN ASHCROFT,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. (A78-603-311)

Submitted: January 10, 2005 Decided: January 24, 2005

Before WILKINSON, SHEDD, and DUNCAN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Theodore Nkwenti, Silver Spring, Maryland, for Petitioner. Peter D. Keisler, Assistant Attorney General, M. Jocelyn Lopez Wright, Assistant Director, Larry P. Cote, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Agbegnigan Amouzou, a native and citizen of Togo, seeks

review of an order of the Board of Immigration Appeals (“Board”)

denying his motion to reconsider. Amouzou’s petition for review is

timely only as to the Board’s order denying reconsideration. 8

U.S.C. § 1252(b)(1) (2000) (petition for review must be filed

within thirty days of final order of removal); see Stone v. INS,

514 U.S. 386 (1995) (holding order of removal and denial of motion

to reconsider are separate final orders, each subject to relevant

time limit for review).

We have reviewed the record and the Board’s order and

find the Board did not abuse its discretion in denying the motion

for reconsideration. See 8 C.F.R. § 1003.2(a) (2004). Therefore,

we deny the petition for review. We dispense with oral argument

because the facts and 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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