Filed: Sep. 29, 2003
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT September 29, 2003 Charles R. Fulbruge III Clerk No. 02-60833 Summary Calendar ZIAD MOHAMMAD KHWEIS; HEYAM ZIAD KHWEIS; JUMA ZIAD KHWEIS, Petitioners, versus JOHN ASHCROFT, U.S. ATTORNEY GENERAL, Respondent. - Petition for Review of an Order of the Board of Immigration Appeals BIA No. A42 516 542 BIA No. A74 314 359 BIA No. A74 216 343 - Before JONES, BENAVIDES, and CLEMENT, Circuit
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT September 29, 2003 Charles R. Fulbruge III Clerk No. 02-60833 Summary Calendar ZIAD MOHAMMAD KHWEIS; HEYAM ZIAD KHWEIS; JUMA ZIAD KHWEIS, Petitioners, versus JOHN ASHCROFT, U.S. ATTORNEY GENERAL, Respondent. - Petition for Review of an Order of the Board of Immigration Appeals BIA No. A42 516 542 BIA No. A74 314 359 BIA No. A74 216 343 - Before JONES, BENAVIDES, and CLEMENT, Circuit ..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT September 29, 2003
Charles R. Fulbruge III
Clerk
No. 02-60833
Summary Calendar
ZIAD MOHAMMAD KHWEIS; HEYAM ZIAD KHWEIS;
JUMA ZIAD KHWEIS,
Petitioners,
versus
JOHN ASHCROFT, U.S. ATTORNEY GENERAL,
Respondent.
--------------------
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A42 516 542
BIA No. A74 314 359
BIA No. A74 216 343
--------------------
Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Ziad Mohamed Khweis, Heyam Ziad Khweis, and Juman Ziad
Khweis petition this court to review the decision of the Board
of Immigration Appeals (BIA) denying their motion to reopen
immigration proceedings. The Khweises first argue that the BIA
improperly accepted and considered an untimely opposition to
their motion to reopen submitted by the Immigration and
Naturalization Service.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 02-60833
-2-
This court “will defer to the BIA’s interpretation of
immigration regulations if the interpretation is reasonable.”
Lopez-Gomez v. Ashcroft,
263 F.3d 442, 444 (5th Cir. 2001).
Given that the BIA had the discretion to consider an untimely
“brief,” see 8 C.F.R. § 3.2(g)(3), the BIA’s acceptance and
consideration of the opposition was reasonable. Further, to the
extent the Khweises argue that their due process rights were
violated, their argument fails because they cannot demonstrate
prejudice. See Hernandez-Garza v. INS,
882 F.2d 945, 947
(5th Cir. 1989). Likewise, the Khweises cannot show that their
due process rights were violated by the BIA’s single-member
disposition of their motion to reopen. See Soadjede v. Ashcroft,
324 F.3d 830, 832-33 (5th Cir. 2003).
The Khweises also contend that the BIA’s retroactive
application of the stop-time provision of 8 U.S.C. § 1229b(d)
violates their right to due process. The Khweises’ challenge
to the retroactive application of the stop-time provision is
foreclosed. See Gonzalez-Torres v. INS,
213 F.3d 899, 903
(5th Cir. 2000).
Finally, citing evidence attached to their motion to reopen,
the Khweises contend that the BIA’s denial of the motion was
error. In their motion the Khweises sought, inter alia, asylum,
withholding of deportation, and protection under the Convention
Against Torture. The Khweises have failed to show, however,
that the BIA’s determination that they had failed to establish
No. 02-60833
-3-
a prima facie case for the relief sought was an abuse of its
discretion. See INS v. Abudu,
485 U.S. 94, 106, 110-11 (1988);
Efe v. Ashcroft,
293 F.3d 899, 903-06 (5th Cir. 2002); Faddoul v.
INS,
37 F.3d 185, 188 (5th Cir. 1994).
PETITION FOR REVIEW DENIED.