Mitokpe v. Gonzales

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 06-2236

MONLOGNI CLEMENT MITOKPE,

Petitioner,

versus

ALBERTO R. GONZALES, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. (A95-221-902)

Submitted: July 18, 2007 Decided: August 2, 2007

Before WILKINSON, MOTZ, and SHEDD, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Irena I. Karpinski, Washington, D.C., for Petitioner. Peter D. Keisler, Assistant Attorney General, Carol Federighi, Senior Litigation Counsel, Stacey I. Young, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.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

Monlogni Clement Mitokpe, a native and citizen of Togo,

petitions for review of an order of the Board of Immigration

Appeals (Board) denying his 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 U.S.C.A. § 1229a(c)(7)(C) (West 2005

& Supp. 2007) (establishing a ninety-day time limitation for filing

a motion to reopen); 8 C.F.R. § 1003.2(c)(2) (2007) (same); 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

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