UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-2205
JUAN TORRES ARELLANO, a/k/a Juan Arellano
Torres,
Petitioner,
versus
TOM RIDGE, Secretary, U.S. Department of
Homeland Security; ALBERTO R. GONZALES,
Attorney General,
Respondents.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A70-692-560)
Submitted: April 6, 2005 Decided: May 4, 2005
Before WILLIAMS, MOTZ, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Satnam Singh, LAW OFFICE OF SATNAM SINGH, Norfolk, Virginia, for
Petitioner. Peter D. Keisler, Assistant Attorney General, Michelle
Gorden, Andrea Steward, UNITED STATES DEPARTMENT OF JUSTICE,
Washington, D.C., for Respondents.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Juan Torres Arellano, a native and citizen of Mexico,
petitions for review of an order of the Board of Immigration
Appeals (Board) affirming the immigration judge’s denial of a
motion to reopen as untimely. Arellano sought rescission of a
final order of deportation entered in absentia. We have
jurisdiction under 8 U.S.C. § 1105a(a) (1994),* and we deny the
petition for review.
Having reviewed the record and briefs, we conclude that
the Board did not abuse its discretion in affirming the immigration
judge’s denial of the motion to reopen as untimely. The record
reveals that Arellano received actual notice of the hearing and did
not timely move to reopen in accordance with 8 U.S.C.
§ 1252b(c)(3)(A) (1994); see also 8 C.F.R. § 1003.23(b)(4)(iii)
(2004).
Accordingly, we deny 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 DENIED
*
We note that 8 U.S.C. §§ 1105a, 1252b, were repealed by the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996, Pub. L. No. 104-128, 110 Stat. 3009 (IIRIRA), effective
April 1, 1997. Because this case was in transition at the time the
IIRIRA was passed, these provisions are still applicable under the
terms of the transitional rules contained in IIRIRA § 309(a), (c).
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