Filed: Nov. 28, 2006
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 November 28, 2006 Charles R. Fulbruge III Clerk No. 06-60180 Summary Calendar SAMSON TAIWO DADA, Petitioner, versus ALBERTO R. GONZALES, U. S. ATTORNEY GENERAL, Respondent. - Petition for Review of an Order of the Board of Immigration Appeals BIA No. A78 129 270 - Before JOLLY, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM:* Samson Taiwo Dada is a citizen of Nigeria who was admitt
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT November 28, 2006 Charles R. Fulbruge III Clerk No. 06-60180 Summary Calendar SAMSON TAIWO DADA, Petitioner, versus ALBERTO R. GONZALES, U. S. ATTORNEY GENERAL, Respondent. - Petition for Review of an Order of the Board of Immigration Appeals BIA No. A78 129 270 - Before JOLLY, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM:* Samson Taiwo Dada is a citizen of Nigeria who was admitte..
More
United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT November 28, 2006
Charles R. Fulbruge III
Clerk
No. 06-60180
Summary Calendar
SAMSON TAIWO DADA,
Petitioner,
versus
ALBERTO R. GONZALES, U. S. ATTORNEY GENERAL,
Respondent.
--------------------
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A78 129 270
--------------------
Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Samson Taiwo Dada is a citizen of Nigeria who was admitted
into the United States in April 1998 and remained in the country
beyond the authorized period. An immigration judge (IJ) ordered
Dada to be removed but granted his request for voluntary
departure. The Board of Immigration Appeals (BIA) affirmed the
IJ’s decision. Dada filed a motion to reopen on the ground that
he was seeking adjustment of status, and he sought leave to
withdraw his request for voluntary departure. The BIA denied
Dada’s motion to reopen on the ground that, because he failed to
*
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this opinion should not be published and is not precedent except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. 06-60180
-2-
leave the United States by the imposed deadline for voluntary
departure, he was statutorily ineligible for adjustment of
status, pursuant to 8 U.S.C. § 1229c(d).
In this petition for review, Dada argues that the BIA erred
by (1) finding him to be statutorily ineligible for adjustment of
status under § 1229c(d) and (2) denying his motion to reopen
despite the IJ’s denial of Dada’s request for a continuance. The
BIA’s interpretation of the applicable statutes rendering Dada
ineligible was reasonable. See Banda-Ortiz v. Gonzales,
445 F.3d
387, 389-91 (5th Cir. 2006). The IJ did not abuse its discretion
by denying Dada’s request for a continuance. See Ahmed v.
Gonzales,
447 F.3d 433, 438-39 (5th Cir. 2006). Dada’s arguments
challenging the IJ’s decision and the BIA’s affirmance of that
decision are not cognizable within his petition for review, which
was directed at the BIA’s denial of Dada’s motion to reopen. See
Guevara v. Gonzales,
450 F.3d 173, 176 (5th Cir. 2006).
Dada has failed to show that the BIA abused its discretion
by denying his motion to reopen. See Zhao v. Gonzales,
404 F.3d
295, 303-04 (5th Cir. 2005). Accordingly, his petition for
review is DENIED.