October 19, 1995 [NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 95-1587
EBENEZER ALUKO,
Petitioner,
v.
IMMIGRATION AND NATURALIZATION SERVICE,
Respondent.
ON PETITION FOR REVIEW OF AN ORDER
OF THE BOARD OF IMMIGRATION APPEALS
Before
Torruella, Chief Judge,
Boudin and Stahl, Circuit Judges.
Louis B. Abilheira on brief for petitioner.
Frank W. Hunger, Assistant Attorney, General, Joan E. Smiley,
Senior Litigation Counsel, and Vernon Benet Miles, Attorney, Office of
Immigration Litigation, Civil Division, Department of Justice, on
brief for respondent.
Per Curiam. We have carefully reviewed the record
and petitioner's arguments.
We will not remand and direct the Board to consider
new evidence because, so far as appears from the record,
petitioner neither promptly notified the Board of his
marriage before the Board issued its decision nor promptly
moved to reopen under 8 C.F.R. 3.8. See Ramirez-Gonzalez
v. INS, 695 F.2d 1208, 1213-14 (9th Cir. 1983); Martinez de
Mendoza v. INS, 567 F.2d 1222, 1226 n.9 (3d Cir. 1977).
The Immigration Judge and Board adequately
explained their reasons for denying discretionary relief from
deportation. We see no basis to disturb their decision.
The petition for judicial review is denied. Loc.
R. 27.1.