Barry v. Gonzales

• Court: Court of Appeals for the Fourth Circuit
• Decided: April 5, 2005
• Docket: 04-2077
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-2077

AISSATOU BARRY,

Petitioner,

versus

ALBERTO R. GONZALES, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. (A95-902-551)

Submitted: February 25, 2005 Decided: April 5, 2005

Before LUTTIG, KING, and GREGORY, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Danielle Beach-Oswald, NOTO & OSWALD, P.C., Washington, D.C., for Petitioner. Peter D. Keisler, Assistant Attorney General, James A. Hunolt, Senior Litigation Counsel, Wagner D. Jackson, Jr., 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Unpublished opinions are not binding precedent in this circuit.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:

Aissatou Barry, a native and citizen of Guinea, petitions

for review of an order of the Board of Immigration Appeals

affirming and adopting the immigration judge’s order denying her

motion to reconsider. Because we find the immigration judge did

not abuse her discretion denying the motion to reconsider, we deny

the petition for review. Stewart v. INS, 181 F.3d 587, 595 (4th

Cir. 1999). We further find we have no jurisdiction to review the

immigration judge’s order denying Barry’s applications for asylum,

withholding from removal and withholding under the Convention

Against Torture. See 8 U.S.C. § 1252(d) (2000); Asika v.

Ashcroft, 362 F.3d 264, 267 n.3 (4th Cir. 2004), cert. denied, 125

S. Ct. 861 (2005). 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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