UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-2453
ESTHER KAYAKEZ MWINKEU,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A96-095-534)
Submitted: May 9, 2005 Decided: June 7, 2005
Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Bokwe G. Mofor, Silver Spring, Maryland, for Petitioner. Peter D.
Keisler, Assistant Attorney General, M. Jocelyn Lopez Wright,
Assistant Director, Song Park, 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Unpublished opinions are not binding precedent in this circuit.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:
Esther Kayakez Mwinkeu, a native and citizen of the
Democratic Republic of the Congo, seeks review of an order of the
Board of Immigration Appeals (Board) denying her motion to
reconsider, filed pursuant to 8 C.F.R. § 1003.2(b)(1) (2004); see
also 8 U.S.C. § 1229a(c)(5)(C) (2000). Mwinkeu’s petition for
review is timely only as to the Board’s order denying
reconsideration. 8 U.S.C. § 1252(b)(1) (2000) (petition for review
must be filed within thirty days of final order of removal); see
Stone v. INS, 514 U.S. 386, 394-95 (1995) (holding order of removal
and denial of motion to reconsider are separate final orders, each
subject to relevant time limit for seeking review).
We have reviewed the record and the Board’s order and
find that the Board did not abuse its discretion in denying the
motion for reconsideration. See 8 C.F.R. § 1003.2(a) (2004).
Therefore, 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
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