Tchakounte v. Gonzales

U.S. Court of Appeals for the Fourth Circuit
Tchakounte v. Gonzales, 122 F. App'x 670 (4th Cir. 2005)

Tchakounte v. Gonzales

Opinion

PER CURIAM:

Rose Tchakounte, a native and citizen of Cameroon, petitions for review of an order of the Board of Immigration Appeals (Board) denying her motion to reopen or reconsider its denial of her motion to reconsider, construed by the Board as a motion to reopen.

We review the denial of a motion to reopen or reconsider for an abuse of dis *671 cretion. 8 C.F.R. § 1003.2(a) (2004); INS v. Doherty, 502 U.S. 314, 323-24, 112 S.Ct. 719, 116 L.Ed.2d 823 (1992); Stewart v. INS, 181 F.3d 587, 595 (4th Cir. 1999). Such motions are especially disfavored “in a deportation proceeding, where, as a general matter, every delay works to the advantage of the deportable alien who wishes merely to remain in the United States.” Doherty, 502 U.S. at 323, 112 S.Ct. 719.

Tchakounte argues the Board should have reopened her proceeding under 8 C.F.R. § 1003.2(c)(3)(h)—(iii) (2004). We have reviewed the administrative record and the Board’s order and find that the Board did not abuse its discretion.

Accordingly, we deny the petition for review. We also deny the Government’s motion to dismiss. 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
Rose TCHAKOUNTE, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent
Status
Unpublished