U.S. Court of Appeals for the Fourth Circuit, 2005

Umeugo v. Gonzales

Umeugo v. Gonzales
U.S. Court of Appeals for the Fourth Circuit · Decided June 8, 2005 · Niemeyer, Luttig, Traxler
133 F. App'x 876

Umeugo v. Gonzales

Opinion

PER CURIAM.

Vivian Amuche Umeugo, a native and citizen of Nigeria, petitions for review of an order of the Board of Immigration Appeals (Board) affirming the immigration judge’s denial of a motion to reopen. Umeugo sought rescission of a final order of removal entered in absentia. She claimed reopening was warranted because her absence was due to exceptional circumstances beyond her control. We deny the petition for review.

We review the Board’s denial of a motion to reopen for abuse of discretion. 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); Yanez-Popp v. INS, 998 F.2d 231, 234 (4th Cir. 1993). A denial of a motion to reopen must be reviewed with extreme deference, since immigration statutes do not contemplate reopening and the applicable regulations disfavor motions to reopen. M.A. v. INS, 899 F.2d 304, 308 (4th Cir. 1990) (en banc). We find the Board did not abuse its discretion.

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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