Filed: Apr. 13, 2006
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-1216 PATRICIA ELETHIA DILLON-BONAPARTE, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A73-644-259) Submitted: February 28, 2006 Decided: April 13, 2006 Before SHEDD and DUNCAN, Circuit Judges, and James P. JONES, Chief United States District Judge for the Western District of Virginia, sitting by designation. Petition dismissed b
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-1216 PATRICIA ELETHIA DILLON-BONAPARTE, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A73-644-259) Submitted: February 28, 2006 Decided: April 13, 2006 Before SHEDD and DUNCAN, Circuit Judges, and James P. JONES, Chief United States District Judge for the Western District of Virginia, sitting by designation. Petition dismissed by..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1216
PATRICIA ELETHIA DILLON-BONAPARTE,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A73-644-259)
Submitted: February 28, 2006 Decided: April 13, 2006
Before SHEDD and DUNCAN, Circuit Judges, and James P. JONES, Chief
United States District Judge for the Western District of Virginia,
sitting by designation.
Petition dismissed by unpublished per curiam opinion.
Alexander M. Chanthunya, Silver Spring, Maryland, for Petitioner.
Peter D. Keisler, Assistant Attorney General, M. Jocelyn Lopez
Wright, Assistant Director, Carol Federighi, Senior Litigation
Counsel, Office of Immigration Litigation, Civil Division, 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Unpublished opinions are not binding precedent in this circuit.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:
Patricia Elethia Dillon-Bonaparte, a native and citizen of
Jamaica, petitions for review of an order of the Board of
Immigration Appeals (“Board”) denying her motion to reconsider its
previous decision of July 4, 2004. That decision vacated the
immigration judge’s grant of a good-faith marriage waiver to
Dillon-Bonaparte pursuant to 8 U.S.C. § 1186a(c)(4)(B) (2000) and
ordered her removal from the United States. In her brief before
this court, Dillon-Bonaparte presents challenges to the Board’s
initial order of July 4, 2004, rather than raising arguments that
the Board abused its discretion in denying her motion to
reconsider. However, Dillon-Bonaparte failed to petition for
review of that initial order. See 8 U.S.C. § 1252(b)(1) (2000)
(petition for review must be filed within 30 days of final order of
removal); Stone v. INS,
514 U.S. 386, 394 (1995) (holding that the
timely filing of a motion to reconsider with the Board does not
toll the thirty-day period for seeking review of the underlying
order). Accordingly, we find that Dillon-Bonaparte has abandoned
the only issue that she could properly raise on appeal, and we
therefore dismiss the petition for review. Given this disposition,
we deny the Attorney General’s motion to dismiss as moot. We
dispense with oral argument because the facts and legal contentions
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are adequately presented in the materials before the court and
argument would not aid the decisional process.
PETITION DISMISSED
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