Filed: Mar. 31, 2005
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-2365 PRAVEEN TULADHAR, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A70-691-515) Submitted: March 18, 2005 Decided: March 31, 2005 Before NIEMEYER, LUTTIG, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Praveen Tuladhar, Petitioner Pro Se. M. Jocelyn Lopez Wright, Wanda Evans, Larry Patrick Cote,
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-2365 PRAVEEN TULADHAR, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A70-691-515) Submitted: March 18, 2005 Decided: March 31, 2005 Before NIEMEYER, LUTTIG, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Praveen Tuladhar, Petitioner Pro Se. M. Jocelyn Lopez Wright, Wanda Evans, Larry Patrick Cote, ..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-2365
PRAVEEN TULADHAR,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A70-691-515)
Submitted: March 18, 2005 Decided: March 31, 2005
Before NIEMEYER, LUTTIG, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Praveen Tuladhar, Petitioner Pro Se. M. Jocelyn Lopez Wright,
Wanda Evans, Larry Patrick Cote, 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Unpublished opinions are not binding precedent in this circuit.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:
Praveen Tuladhar, a native and citizen of Nepal,
petitions for review of a final order of the Board of Immigration
Appeals (Board) denying his second motion to reopen. We review the
denial of a motion to reopen for abuse of discretion. 8 C.F.R.
§ 1003.2(a) (2004). See INS v. Doherty,
502 U.S. 314, 323-24
(1992) (stating abuse of discretion standard); Stewart v. INS,
181
F.3d 587, 595 (4th Cir. 1999) (same).
In his brief to this court, Tuladhar seeks to reargue his
entitlement to asylum. However, this petition for review is
untimely as to the Board’s July 25, 2002 order affirming the
immigration judge’s denial of Tuladhar’s applications for asylum
and withholding of removal. See Stone v. INS,
514 U.S. 386, 405-06
(1995) (holding that time for filing petition for review is
jurisdictional and unaffected by filing motion to reopen). The
petition for review is timely only as to the Board’s denial of the
second motion to reopen. Tuladhar presents no arguments relevant
to the denial of that motion. Therefore, he has waived review of
any claims arising from the denial of the second motion to reopen.
See United States v. Al-Hamdi,
356 F.3d 564, 571 n.8 (4th Cir.
2004); Edwards v. City of Goldsboro,
178 F.3d 231, 241 n.6 (4th
Cir. 1999).
Thus, we deny the petition for review. We dispense with
oral argument because the facts and legal contentions are
- 2 -
adequately presented in the materials before the court and argument
would not aid the decisional process.
PETITION DENIED
- 3 -