Orellana-Portillo v. Ashcroft

• Court: Court of Appeals for the Fourth Circuit
• Decided: July 23, 2003
• Docket: 02-2315
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-2315

JOSE ANTONIO ORELLANA-PORTILLO,

Petitioner,

versus

JOHN ASHCROFT, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. (A29-554-808)

Submitted: July 7, 2003 Decided: July 23, 2003

Before WILKINSON, KING, and GREGORY, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Robert J. Foss, CENTRAL AMERICAN RESOURCE CENTER, Los Angeles, California, for Petitioner. Robert D. McCallum, Jr., Assistant Attorney General, Richard M. Evans, Assistant Director, David E. Dauenheimer, 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Unpublished opinions are not binding precedent in this circuit.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:

Jose Antonio Orellana-Portillo, a native and citizen of El

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

Immigration Appeals (“Board”). The order dismissed his appeal and

affirmed the immigration judge’s order denying his motion to reopen

deportation proceedings under the Nicaraguan and Central American

Relief Act of 1997. We have reviewed the record and the Board’s

order and find that the Board did not abuse its discretion in

denying Orellana-Portillo’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: Portillo, No. A29-554-808 (B.I.A. Oct. 29,

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