Chu-A-Kong v. Gonzales
Opinion
Peter Timothy Chu-A-Kong, a native and citizen of Guyana, petitions for review of an order of the Board of Immigration appeals affirming without opinion the Immigration Judge’s (IJ) decision finding Chu-A-Kong removable and granting him voluntary departure. Chu-A-Kong disputes the finding of removability, and asserts that he is eligible for relief from removal pursuant to 8 U.S.C.A. § 1182(h) (West 1999 & Supp. 2005). As Chu-AKong conceded removability as charged before the IJ and failed to apply before the IJ for relief under § 1182(h), we find that he has failed to exhaust all administrative remedies. 8 U.S.C. § 1252(d)(1) (2000); see Asika v. Ashcroft, 362 F.3d 264 (4th Cir. 2004), cert. denied, — U.S. —, 125 S.Ct. 861,160 L.Ed.2d 769 (2005).
We therefore conclude that we are without jurisdiction to consider Chu-A-Kong’s claims. Accordingly, we dismiss 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 DISMISSED
Reference
- Full Case Name
- Peter Timothy CHU-A-KONG, Petitioner, v. Alberto R. GONZALES, Attorney General of the United States, Respondent
- Status
- Unpublished