Gossett v. Gonzales

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 28, 2005
• Docket: 04-1766
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-1766

BOZENA GOSSETT, a/k/a Bozena Iratova,

Petitioner,

versus

ALBERTO R. GONZALES, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. (A79-417-800)

Submitted: February 16, 2005 Decided: February 28, 2005

Before WILLIAMS and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

David F. Vedder, DAVID F. VEDDER, P.A., Daytona Beach, Florida, for Petitioner. Peter D. Keisler, Assistant Attorney General, David V. Bernal, Assistant Director, Anthony P. Nicastro, 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Unpublished opinions are not binding precedent in this circuit.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:

Bozena Gossett, a native and citizen of the Czech

Republic, petitions for review of an order of the immigration

judge, as affirmed by the Board of Immigration Appeals, denying her

motion to reopen. Our review of the denial of a motion to reopen

is extremely deferential, and the decision will not be reversed

absent abuse of discretion. Stewart v. INS, 181 F.3d 587, 595 (4th

Cir. 1999). Such motions are disfavored. INS v. Doherty, 502 U.S.

314, 323 (1992). We have reviewed the administrative record and

conclude that the Board did not abuse its discretion in affirming

the immigration judge’s denial of the motion to reopen. 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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