Singh v. Gonzales

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-1142

SUKHDEV SINGH,

Petitioner,

versus

ALBERTO R. GONZALES, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. (A76-003-021)

Submitted: July 29, 2005 Decided: August 19, 2005

Before WILKINSON, MOTZ, and TRAXLER, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Sukhdev Singh, Petitioner Pro Se. M. Jocelyn Lopez Wright, Larry Patrick Cote, 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Unpublished opinions are not binding precedent in this circuit.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:

Sukhdev Singh, a native and citizen of India, petitions

for review of an order of the Board of Immigration Appeals

affirming, without opinion, the immigration judge’s order denying

his motion to reopen immigration proceedings. Based on our review

of the record, we find that the immigration judge did not abuse his

discretion in denying Singh’s motion to reopen as untimely. Singh

failed to file his motion within 180 days of his in absentia

removal order as required by 8 U.S.C. § 1229a(b)(5)(C)(i) (2000)

and 8 C.F.R. § 1003.23(b)(4)(ii) (2005). 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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