Aluko v. INS

USCA1 Opinion




October 19, 1995 [NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT



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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.


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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.