Tucker v. Gonzales

• Court: Court of Appeals for the Fourth Circuit
• Decided: October 17, 2005
• Docket: 05-1296
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-1296

HAWA DIALLO TUCKER,

Petitioner,

versus

ALBERTO R. GONZALES, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. (A95-886-686)

Submitted: September 14, 2005 Decided: October 17, 2005

Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Socheat Chea, SOCHEAT CHEA, P.C., Duluth, Georgia, for Petitioner. Peter D. Keisler, Assistant Attorney General, M. Jocelyn Lopez Wright, Assistant Director, Kristin K. Edison, OFFICE OF IMMIGRATION LITIGATION, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Hawa Diallo Tucker, a native and citizen of Guinea,

petitions for review of an order of the Board of Immigration

Appeals (“Board”) denying her motion to reopen immigration

proceedings. We have reviewed the record and the Board’s order and

find that the Board did not abuse its discretion in denying

Tucker’s motion on the alternate ground that she failed to present

clear and convincing evidence indicating a strong likelihood that

her marriage is bona fide as required by Matter of Velarde-Pacheco,

23 I. & N. Dec. 253 (B.I.A. 2002). 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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