UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-2298
DIVINE AWAH CHE,
Petitioner,
versus
ALBERTO R. GONZALES,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A97-645-366)
Submitted: May 17, 2006 Decided: June 8, 2006
Before WILKINSON, NIEMEYER, and TRAXLER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Danielle Beach-Oswald, NOTO & OSWALD, P.C., Washington, D.C., for
Petitioner. Peter D. Keisler, Assistant Attorney General, M.
Jocelyn Lopez Wright, Assistant Director, Office of Immigration
Litigation, Civil Division, Katherine A. Schlech, NCES, Antitrust
Division, 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Unpublished opinions are not binding precedent in this circuit.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:
Divine Awah Che, a native and citizen of Cameroon,
petitions for review of an order of the Board of Immigration
Appeals adopting and affirming the immigration judge’s denial of
Che’s motion to reopen. Che sought rescission of a final order of
deportation entered in absentia, asserting that his absence from
court was due to exceptional circumstances beyond his control. We
have reviewed the administrative record and conclude that the
denial of the motion to reopen the in absentia order was not an
abuse of discretion. See INS v. Doherty, 502 U.S. 314 (1992); 8
U.S.C.A. § 1229a(b)(5)(C)(I), (e)(1) (West 2005).
We therefore 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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