U.S. Court of Appeals for the Fifth Circuit, 2003

Dong v. Ashcroft

Dong v. Ashcroft
U.S. Court of Appeals for the Fifth Circuit · Decided April 11, 2003

Dong v. Ashcroft

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 11, 2003 Charles R. Fulbruge III Clerk No. 02-60440 Summary Calendar

WEN SHENG DONG, Petitioner, versus JOHN ASHCROFT, U.S. ATTORNEY GENERAL, Respondent.

-------------------- Petition for Review of an Order of the Board of Immigration Appeals BIA No. A71 984 806 -------------------- Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM:* Wen Sheng Dong petitions this court to review the decision of Board of Immigration Appeals (BIA) denying his motion to reopen immigration proceedings. We hold that the BIA’s finding that Dong received legally sufficient notice was supported by substantial evidence and, therefore, that the denial of the motion to reopen was not an abuse of discretion. See Mikhael v. INS, 115 F.3d 299, 302 (5th Cir. 1997); Pritchett v. INS, 993 F.2d 80, 83 (5th Cir. 1993).

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

No. 02-60440 -2- We lack jurisdiction to consider Dong’s asylum claim. See Witter v. INS, 113 F.3d 549, 554 (5th Cir. 1997).

Dong’s petition for review is DENIED.

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