Singh v. Mukasey

• Court: Court of Appeals for the Fourth Circuit
• Decided: January 7, 2008
• Docket: 07-1538
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-1538

TAJINDER SINGH,

Petitioner,

versus

MICHAEL B. MUKASEY, United States Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. (A73-570-136)

Submitted: December 19, 2007 Decided: January 7, 2008

Before WILKINSON, MOTZ, and SHEDD, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Martin Avila Robles, San Francisco, California, for Petitioner. Peter D. Keisler, Assistant Attorney General, Aviva L. Poczter, Senior Litigation Counsel, Vanessa O. Lefort, 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Unpublished opinions are not binding precedent in this circuit.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:

Tajinder Singh, a native and citizen of India, petitions

for review of an order of the Board of Immigration Appeals

(“Board”) denying as untimely his motion to reopen removal

proceedings. We have reviewed the administrative record and find

no abuse of discretion in the Board’s order. See 8 C.F.R.

§ 1003.2(a) (2007) (“The decision to grant or deny a motion to

reopen . . . is within the discretion of the Board . . . .”);

Barry v. Gonzales, 445 F.3d 741, 744 (4th Cir. 2006) (stating abuse

of discretion standard), cert. denied, 127 S. Ct. 1147 (2007). We

therefore deny the petition for review for the reasons stated by

the Board. See In re: Singh, No. A73-570-136 (B.I.A. May 8, 2007).

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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