UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-1633
ALEX ASARE BEDIAKIEH,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General of the
United States,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A73-672-966)
Submitted: December 15, 2006 Decided: January 16, 2007
Before NIEMEYER, WILLIAMS, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Danielle Beach Oswald, NOTO & OSWALD, Washington, D.C., for
Petitioner. Peter D. Keisler, Assistant Attorney General, M.
Jocelyn Lopez Wright, Assistant Director, Eric W. Marsteller,
Office of Immigration Litigation, UNITED STATES DEPARTMENT OF
JUSTICE, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Alex Asare Bediakieh petitions for review of an order of
the Board of Immigration Appeals (“Board”) adopting and affirming
the immigration judge’s decision that he was without jurisdiction
to consider his application for adjustment of status. We decline
to consider whether the relevant regulations are valid. The
regulations were amended May 12, 2006. See 71 Fed. Reg. 27,585.
Bediakieh filed a motion to reconsider with the Board soon
thereafter for the purpose of considering his application for
adjustment of status under the new regulations. The Board denied
the motion finding the immigration judge was without jurisdiction.
Thus, a remand for the purpose of considering the effect of the
amended regulations would be futile. See Alam v. Gonzales, 438
F.3d 184, 187-88 (2d Cir. 2006).
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
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