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

Wawa v. Gonzales

Wawa v. Gonzales
U.S. Court of Appeals for the Fourth Circuit · Decided June 24, 2005 · Niemeyer, Michael, Gregory
136 F. App'x 565

Wawa v. Gonzales

Opinion

PER CURIAM.

Koyo Victorien Wawa and Gouhounou Emma Wawa are natives and citizens of the Ivory Coast. They seek review of an order of the Board of Immigration Appeals (Board) denying their second motion to reopen, filed pursuant to 8 C.F.R. § 1003.2(c)(3)(h) (2005); see 8 U.S.C. § 1229a(c)(6)(C)(ii) (2000). The Wawas’ petition for review is timely only as to the Board’s September 3, 2004 order denying reopening. 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, 394-95, 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 seeking 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 to reopen. See 8 C.F.R. § 1003.2(a) (2005). 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

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