United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS April 10, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk

No. 02-60861 Summary Calendar

FAI BUNGONG NCHANJI, Petitioner, versus JOHN ASHCROFT, U.S. ATTORNEY GENERAL, Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals (BIA No. A78-354-361) _______________________________________________________

Before REAVLEY, SMITH and STEWART, Circuit Judges.

PER CURIAM:* Fai Bungong Nchanji seeks review of an order of the Board of Immigration Appeals (BIA), which dismissed his appeal of the decision of an immigration judge denying his application for asylum and withholding of removal. The BIA properly held

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. that it lacked jurisdiction, since Nchanji had waived his right of appeal in exchange for the privilege of voluntary departure. See 8 C.F.R. §§ 3.39, 240.26(b)(1)(D) (2002).

The record amply reflects that Nchanji made a knowing and voluntary withdrawal and waiver of his asylum claim, including his right to appeal, in exchange for voluntary departure. His appeal to this court is baseless.

PETITION DENIED.