Filed: Feb. 06, 2007
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-1612 FLORENCE NGUH NJWENG, Petitioner, versus ALBERTO R. GONZALES, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A29-695-737) Submitted: January 17, 2007 Decided: February 6, 2007 Before GREGORY and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Robert L. Oswald, BEACH-OSWALD IMMIGRATION LAW ASSOC., P.C., Washington, D.C.,
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-1612 FLORENCE NGUH NJWENG, Petitioner, versus ALBERTO R. GONZALES, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A29-695-737) Submitted: January 17, 2007 Decided: February 6, 2007 Before GREGORY and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Robert L. Oswald, BEACH-OSWALD IMMIGRATION LAW ASSOC., P.C., Washington, D.C., f..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-1612
FLORENCE NGUH NJWENG,
Petitioner,
versus
ALBERTO R. GONZALES,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A29-695-737)
Submitted: January 17, 2007 Decided: February 6, 2007
Before GREGORY and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Robert L. Oswald, BEACH-OSWALD IMMIGRATION LAW ASSOC., P.C.,
Washington, D.C., for Petitioner. Peter D. Keisler, Assistant
Attorney General, M. Jocelyn Lopez Wright, Assistant Director,
Carol Federighi, 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Unpublished opinions are not binding precedent in this circuit.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:
Florence Nguh Njweng, a native and citizen of Cameroon,
petitions for review of the Board of Immigration Appeals’ (“Board”)
order dismissing her appeal from the immigration judge’s decision
finding her inadmissible under the Immigration and Nationality Act
§ 212(a)(6)(C)(ii) for having falsely represented herself as a
United States citizen for the purpose of receiving a benefit under
law, and INA § 212(a)(7)(A)(i)(I), for not being in possession of
a valid, unexpired visa, reentry permit, border crossing
identification card or other valid entry document. Njweng contends
she should have been given the opportunity to apply for adjustment
of status. She further contends the evidence was insufficient and
she was denied due process insofar as the Board found she was
inadmissible for having falsely claimed to be a United States
citizen. We deny the petition for review.
Administrative findings of fact are conclusive unless any
reasonable adjudicator would be compelled to conclude to the
contrary. A decision that an alien is not admissible is conclusive
unless manifestly contrary to law. 8 U.S.C. § 1252(b)(4)(2000).
The Board found Njweng was inadmissible for two
independent reasons. Whether or not Njweng should have been
permitted under amended regulations to apply for adjustment of
status is irrelevant so long as she was inadmissible for having
falsely claimed to be a United States citizen.
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With respect to her due process challenge, we find she
was provided with all the process she was due and, in any event,
she failed to establish prejudice. Rusu v. INS,
296 F.3d 316,
320-22 (4th Cir. 2002). We further find the record does not compel
a different result and the Board’s decision is not manifestly
contrary to the law.
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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