Filed: Apr. 17, 2007
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-1268 RHODA SIBANDA, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A98-316-619) Submitted: March 14, 2007 Decided: April 17, 2007 Before NIEMEYER, MICHAEL, and KING, Circuit Judges. Petition denied by unpublished per curiam opinion. Bokwe G. Mofor, Silver Spring, Maryland, for Petitioner. Peter D. Keisler, Assistant Attorney Gene
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-1268 RHODA SIBANDA, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A98-316-619) Submitted: March 14, 2007 Decided: April 17, 2007 Before NIEMEYER, MICHAEL, and KING, Circuit Judges. Petition denied by unpublished per curiam opinion. Bokwe G. Mofor, Silver Spring, Maryland, for Petitioner. Peter D. Keisler, Assistant Attorney Gener..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-1268
RHODA SIBANDA,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A98-316-619)
Submitted: March 14, 2007 Decided: April 17, 2007
Before NIEMEYER, MICHAEL, and KING, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Bokwe G. Mofor, Silver Spring, Maryland, for Petitioner. Peter D.
Keisler, Assistant Attorney General, James A. Hunolt, Senior
Litigation Counsel, Kristin K. Edison, Stacy S. Paddack, DEPARTMENT
OF JUSTICE, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Rhoda Sibanda, a native and citizen of Zimbabwe,
petitions for review of an order of the Board of Immigration
Appeals (“Board”) affirming and adopting the immigration judge’s
order denying her motion to reopen and reconsider. We deny the
petition for review.
We review the denial of a motion to reopen or reconsider
with extreme deference and only for an abuse of discretion.
Stewart v. INS,
181 F.3d 587, 595 (4th Cir. 1999). Such motions
are disfavored “in a deportation proceeding, where, as a general
matter, every delay works to the advantage of the deportable alien
who wishes merely to remain in the United States.” INS v. Doherty,
502 U.S. 314, 323 (1992). “[A]dministrative findings of fact are
conclusive unless any reasonable adjudicator would be compelled to
conclude to the contrary.” 8 U.S.C. § 1252(b)(4)(B) (2000).
With respect to Sibanda’s motion for reconsideration, she
failed to show any error of law or fact. See 8 C.F.R.
§ 1003.23(b)(2) (2006). With respect to her request to reopen,
Sibanda failed to show that the evidence could not have been
presented at the asylum hearing. See 8 C.F.R. § 1003.23(b)(3)
(2006). Accordingly, we find the immigration judge did not abuse
his discretion.
Insofar as Sibanda seeks review of the immigration
judge’s order denying her applications for asylum, withholding from
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removal, and withholding under the Convention Against Torture, we
are without jurisdiction to review that decision. Sibanda did not
appeal the immigration judge’s order to the Board, and thus she did
not exhaust her administrative remedies. See Asika v. Ashcroft,
362 F.3d 264, 267 n.3 (4th Cir. 2004).
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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