Mekonen v. Gonzales

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 06-1357

METASEBYA KASSA MEKONEN,

Petitioner,

versus

ALBERTO R. GONZALES, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. (A77-894-838)

Submitted: January 19, 2007 Decided: February 12, 2007

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

Petition denied by unpublished per curiam opinion.

Fitsum A. Alemu, Arlington, Virginia, for Petitioner. Peter D. Keisler, Assistant Attorney General, M. Jocelyn Lopez Wright, Assistant Director, Daniel E. Goldman, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Metasebya Kassa Mekonen, a native and citizen of

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

Immigration Appeals (Board) denying her motion to reopen. We have

reviewed the record and the Board’s order and find that the Board

did not abuse its discretion in denying the motion to reopen on the

ground that it was untimely filed. See 8 C.F.R. § 1003.2(c)(2)

(2006) (establishing a ninety-day time limitation for filing a

motion to reopen); INS v. Doherty, 502 U.S. 314, 323-24 (1992)

(setting forth standard of review).*

Accordingly, 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

* We find that Mekonen has failed to demonstrate sufficient grounds to invoke the doctrine of equitable tolling. See Harris v. Hutchinson, 209 F.3d 325, 330 (4th Cir. 2000).

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