Lopez-Hernandez v. Ashcroft

• Court: Court of Appeals for the Fourth Circuit
• Decided: September 2, 2003
• Docket: 03-1089
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-1089

SANTOS CRUZ LOPEZ-HERNANDEZ,

Petitioner,

versus

JOHN ASHCROFT, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. (A70-294-398)

Submitted: August 12, 2003 Decided: September 2, 2003

Before MOTZ, KING, and SHEDD, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Paul S. Haar, Pauline M. Schwartz, LAW OFFICES OF PAUL S. HAAR, Washington, D.C., for Petitioner. Robert D. McCallum, Jr., Assistant Attorney General, Richard M. Evans, Assistant Director, Joan E. Smiley, 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Unpublished opinions are not binding precedent in this circuit.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:

Santos Cruz Lopez-Hernandez, a native and citizen of El

Salvador, petitions for review of an order of the Board of

Immigration Appeals (“Board”) denying his motion to reopen

deportation proceedings. We have reviewed the record and the

Board’s order and find that the Board did not abuse its discretion

in denying Lopez-Hernandez’s motion to reopen. See 8 C.F.R.

§ 1003.2(a) (2003); INS v. Doherty, 502 U.S. 314, 323-24 (1992).

Accordingly, we deny the petition for review on the reasoning of

the Board. See In re: Lopez-Hernandez, No. A70-294-398 (B.I.A.

Dec. 17, 2002). 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