Shoetan v. Holder

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-1913

JOHN KOJO SHOETAN,

Petitioner,

v.

ERIC H. HOLDER, JR., Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted: March 11, 2010 Decided: April 7, 2010

Before NIEMEYER, SHEDD, and DUNCAN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Joshua A. Moses, JOSHUA MOSES & ASSOCIATES, Silver Spring, Maryland, for Petitioner. Tony West, Assistant Attorney General, James E. Grimes, Senior Litigation Counsel, Gerald M. Alexander, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.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

John Kojo Shoetan, a native and citizen of Ghana,

petitions for review of an order of the Board of Immigration

Appeals (“Board”) dismissing his appeal from the immigration

judge’s order and finding Shoetan was an arriving alien and that

the immigration judge did not have jurisdiction to consider his

application for adjustment of status. Accordingly, because

Shoetan had no other applications for relief pending before the

immigration judge, the order of removal stands.

We have reviewed the record and the amended

regulations pertinent to Shoetan’s claim and deny the petition

for review. See Brito v. Mukasey, 521 F.3d 160, 167-68 (2d Cir.

2008); Chambers v. Mukasey, 520 F.3d 445, 450 (5th Cir. 2008).

We also deny the motion to place the petition for review in

abeyance. 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