UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-2235
KOYO VICTORIEN WAWA; GOUHOUNOU EMMA WAWA,
a/k/a Emma Gouhounou Wawa,
Petitioners,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A-70-504-283)
Submitted: May 27, 2005 Decided: June 24, 2005
Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Randall L. Johnson, JOHNSON & ASSOCIATES, P.C., Arlington,
Virginia, for Petitioners. Peter D. Keisler, Assistant Attorney
General, M. Jocelyn Lopez Wright, Steven Miskinis, 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Unpublished opinions are not binding precedent in this circuit.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:
Koyo Victorien Wawa and Gouhounou Emma Wawa are natives
and citizens of the Ivory Coast. They seek review of an order of
the Board of Immigration Appeals (Board) denying their second
motion to reopen, filed pursuant to 8 C.F.R. § 1003.2(c)(3)(ii)
(2005); see 8 U.S.C. § 1229a(c)(6)(C)(ii) (2000). The Wawas’
petition for review is timely only as to the Board’s September 3,
2004 order denying reopening. 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 to reopen. See 8 C.F.R. § 1003.2(a) (2005). 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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