Oghenochuko v. Gonzales
Opinion
Daniel AMyoyovbi Oghenochuko, a native and citizen of Nigeria, petitions for review of an order of the Board of Immigration Appeals (“Board”) denying his motion to reconsider its denial of his motion to reopen removal proceedings. * We have reviewed the administrative record and the Board’s order and find that the Board did not abuse its discretion. See INS v. Doherty, 502 U.S. 314, 323-24, 112 S.Ct. 719, 116 L.Ed.2d 823 (1992). 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
While we lack jurisdiction to review the Board’s denial of Oghenochuko’s motion to reopen because he did not petition for review of that order within thirty days, see 8 XJ.S.C. § 1252(b)(1) (2000), we find that we have jurisdiction to review the Board’s order denying the motion to reconsider. See 8 U.S.C. § 1252(b)(6) (2000); Stone v. INS, 514 U.S. 386, 393, 115 S.Ct. 1537, 131 L.Ed.2d 465 (1995) (concluding that when "amending the [Immigration and Nationality Act] Congress chose to depart from the ordinary judicial treatment of agency orders under reconsideration").
Reference
- Full Case Name
- Daniel Akiyoyovbi OGHENOCHUKO, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent
- Status
- Unpublished