UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-2080
ROSE TCHAKOUNTE,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A95-397-773)
Submitted: February 23, 2005 Decided: March 8, 2005
Before LUTTIG, WILLIAMS, and TRAXLER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Randall L. Johnson, JOHNSON & ASSOCIATES, P.C., Arlington,
Virginia, for Petitioner. Peter D. Keisler, Assistant Attorney
General, M. Jocelyn Lopez Wright, Assistant Director, Daniel E.
Goldman, Office of Immigration Litigation, UNITED STATES DEPARTMENT
OF JUSTICE, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Rose Tchakounte, a native and citizen of Cameroon,
petitions for review of an order of the Board of Immigration
Appeals (Board) denying her motion to reopen or reconsider its
denial of her motion to reconsider, construed by the Board as a
motion to reopen.
We review the denial of a motion to reopen or reconsider
for an abuse of discretion. 8 C.F.R. § 1003.2(a) (2004); INS v.
Doherty, 502 U.S. 314, 323-24 (1992); Stewart v. INS, 181 F.3d 587,
595 (4th Cir. 1999). Such motions are especially disfavored “in a
deportation proceeding, where, as a general matter, every delay
works to the advantage of the deportable alien who wishes merely to
remain in the United States.” Doherty, 502 U.S. at 323.
Tchakounte argues the Board should have reopened her
proceeding under 8 C.F.R. § 1003.2(c)(3)(ii)-(iii) (2004). We have
reviewed the administrative record and the Board’s order and find
that the Board did not abuse its discretion.
Accordingly, we deny the petition for review. We also
deny the Government’s motion to dismiss. 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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