Kelly v. Gonzales

U.S. Court of Appeals for the Fourth Circuit

Kelly v. Gonzales

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-1961

TITILOLA KELLY,

Petitioner,

versus

ALBERTO R. GONZALES, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. (A73-189-898)

Submitted: January 24, 2007 Decided: February 8, 2007

Before WILKINSON, WILLIAMS, and SHEDD, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Kayode Oladele, THE JUSTICE CENTER, Detroit, Michigan, for Petitioner. Peter D. Keisler, Assistant Attorney General, M. Jocelyn Lopez Wright, Mark L. Gross, David White, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Titilola Kelly, a native and citizen of Nigeria,

petitions for review of an order of the Board of Immigration

Appeals (Board) denying as untimely her motion to reopen

immigration proceedings. 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

(c)(2)

(2006) (establishing a ninety-day time limitation for filing a

motion to reopen); INS v. Doherty,

502 U.S. 314, 323-24

(1992)

(setting forth standard of review).

Accordingly, we deny the petition for review for the

reasons stated by the Board. See In re: Kelly, No. A73-189-898

(B.I.A. Aug. 30, 2005). 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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Reference

Status
Unpublished