Alfred v. Ashcroft

U.S. Court of Appeals for the Fourth Circuit
Alfred v. Ashcroft, 112 F. App'x 934 (4th Cir. 2004)
Wilkinson, Williams, Moon, Western, Virginia

Alfred v. Ashcroft

Opinion

PER CURIAM:

Lyn Alfred, a native and citizen of Nigeria, seeks review of an order of the Board of Immigration Appeals (“Board”). On June 9, 2003, the Board denied Alfred’s motion to reopen removal proceedings. Alfred moved the Board to reconsider that order, and on December 3, 2003, the Board denied the motion for reconsideration. *935 Alfred’s petition for review is timely only as to the Board’s order denying reconsideration. 8 U.S.C. § 1252(b)(1) (2000) (petition for review must be filed within thirty days of final order of removal); see Stone v. INS, 514 U.S. 386, 405-06, 115 S.Ct. 1537, 131 L.Ed.2d 465 (1995) (holding order of removal and denial of motion to reconsider are separate final orders, each subject to relevant time limit for review).

We have reviewed the record and the Board’s order and find that the Board did not abuse its discretion in denying the motion for reconsideration. See 8 C.F.R. § 1003.2(a) (2004). Therefore 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

Reference

Full Case Name
Lyn ALFRED, Petitioner, v. John ASHCROFT, Attorney General, Respondent
Status
Unpublished