UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1197
MOHAMMAD RAFIQ,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A72-167-459)
Submitted: December 9, 2005 Decided: December 27, 2005
Before WILKINSON, MOTZ, and KING, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Rabia Anwar Chaudry, Falls Church, Virginia, for Petitioner.
Peter D. Keisler, Assistant Attorney General, Michael P. Lindemann,
Assistant Director, William C. Peachey, OFFICE OF IMMIGRATION
LITIGATION, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Mohammad Rafiq, a native and citizen of Pakistan,
petitions for review of an order of the Board of Immigration
Appeals (“Board”) dismissing his appeal from the immigration
judge’s denial of his motion to reopen immigration proceedings. We
have reviewed the record and the Board’s order and find that the
Board did not abuse its discretion in upholding the denial of
Rafiq’s motion on the ground that it was untimely filed. See
8 C.F.R. § 1003.23(b)(1) (2005) (establishing a ninety-day time
limitation for filing a motion to reopen); INS v. Doherty, 502 U.S.
314, 323-24 (1992) (setting forth standard of review).*
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 find that Rafiq has failed to demonstrate sufficient
grounds to invoke the doctrine of equitable tolling. See Harris v.
Hutchinson, 209 F.3d 325, 330 (4th Cir. 2000).
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