Filed: Aug. 18, 2004
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-2520 GETACHEW TEKLU TEMESGEN, Petitioner, versus JOHN ASHCROFT, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A79-476-629) Submitted: July 28, 2004 Decided: August 18, 2004 Before WIDENER, MOTZ, and KING, Circuit Judges. Petition denied by unpublished per curiam opinion. Aragaw Mehari, Washington, D.C., for Petitioner. Peter D. Keisler, Assistant Attorney General, Lin
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-2520 GETACHEW TEKLU TEMESGEN, Petitioner, versus JOHN ASHCROFT, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A79-476-629) Submitted: July 28, 2004 Decided: August 18, 2004 Before WIDENER, MOTZ, and KING, Circuit Judges. Petition denied by unpublished per curiam opinion. Aragaw Mehari, Washington, D.C., for Petitioner. Peter D. Keisler, Assistant Attorney General, Lind..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-2520
GETACHEW TEKLU TEMESGEN,
Petitioner,
versus
JOHN ASHCROFT, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A79-476-629)
Submitted: July 28, 2004 Decided: August 18, 2004
Before WIDENER, MOTZ, and KING, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Aragaw Mehari, Washington, D.C., for Petitioner. Peter D. Keisler,
Assistant Attorney General, Linda S. Wendtland, Assistant Director,
Margaret M. Newell, Trial Attorney, 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Unpublished opinions are not binding precedent in this circuit.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:
Getachew Teklu Temesgen, a native and citizen of
Ethiopia, petitions for review of an order of the Board of
Immigration Appeals (Board). The order adopted and affirmed the
immigration judge’s ruling denying Temesgen’s applications for
asylum and withholding of removal.* For the reasons discussed
below, we deny the petition for review.
Temesgen challenges the Board’s finding that his asylum
application was untimely, with no showing of changed or
extraordinary circumstances excusing the late filing. See 8 U.S.C.
§ 1158(a)(2)(B), (D) (2000); 8 C.F.R. § 1208.4(a)(4), (5) (2004).
We lack jurisdiction to review this claim pursuant to 8 U.S.C.
§ 1158(a)(3) (2000). See Castellano-Chacon v. INS,
341 F.3d 533,
544 (6th Cir. 2003); Tarrawally v. Ashcroft,
338 F.3d 180, 185-86
(3d Cir. 2003); Tsevegmid v. Ashcroft,
336 F.3d 1231, 1235 (10th
Cir. 2003); Fahim v. U.S. Atty. Gen.,
278 F.3d 1216, 1217-18 (11th
Cir. 2002); Hakeem v. INS,
273 F.3d 812, 815 (9th Cir. 2001);
Ismailov v. Reno,
263 F.3d 851, 854-55 (8th Cir. 2001).
Accordingly, we deny Temesgen’s 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
*
Because Temesgen did not raise the issue of withholding of
removal before the Board, the claim is waived. Farrokhi v. INS,
900 F.2d 697, 700 (4th Cir. 1990).