U.S. Court of Appeals for the Fourth Circuit, 2006

Azo v. Gonzales

Azo v. Gonzales
U.S. Court of Appeals for the Fourth Circuit · Decided May 23, 2006 · Niemeyer, King, Duncan
182 F. App'x 196

Azo v. Gonzales

Opinion

PER CURIAM:

Jean Kouassi Azo, and dependent petitioners Simone Afíavi Hounsounou, Ullanda Azo, and Badiche Azo, all natives and citizens of Benin, petition this court for review of an order of the Board of Immigration Appeals (Board). The Board adopted and affirmed the Immigration Judge’s discretionary denial of adjustment of status, denied Azo’s motion to reopen and reconsider his asylum claim, and rejected his motion to reopen based on ineffective assistance of counsel.

First, we have considered Azo’s challenge to the discretionary denial of adjustment of status and conclude that we lack jurisdiction to review it. See 8 U.S.C.A. § 1252(a)(2)(B), (D) (West 2005); Higuit v. Gonzales, 433 F.3d 417, 419-20 (4th Cir. 2006). Next, we have reviewed the record and the Board’s decision and find that the Board did not abuse its discretion in denying Azo’s motion to reopen and reconsider. See INS v. Doherty, 502 U.S. 314, 323-24, 112 S.Ct. 719, 116 L.Ed.2d 823 (1992); 8 C.F.R. § 1003.2(a) (2006). We thus affirm the denial of the motion for the reasons stated by the Board. See In re Azo, Nos. A76-418-281, A76-418-282, A76-418-284, A76-418-285 (B.I.A. Aug. 24, 2005).

We accordingly dismiss in part and deny in part 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 IN PART AND DENIED IN PART

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