Filed: Jul. 13, 2006
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-1019 GINETTE SYLVIE BILALA-KOUTSANA, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A97-627-047) Submitted: June 30, 2006 Decided: July 13, 2006 Before MOTZ, TRAXLER, and SHEDD, Circuit Judges. Petition denied by unpublished per curiam opinion. Jacqueline E. Ngole, Rockville, Maryland, for Petitioner. Peter D. Keisler, Assistant
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-1019 GINETTE SYLVIE BILALA-KOUTSANA, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A97-627-047) Submitted: June 30, 2006 Decided: July 13, 2006 Before MOTZ, TRAXLER, and SHEDD, Circuit Judges. Petition denied by unpublished per curiam opinion. Jacqueline E. Ngole, Rockville, Maryland, for Petitioner. Peter D. Keisler, Assistant A..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-1019
GINETTE SYLVIE BILALA-KOUTSANA,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A97-627-047)
Submitted: June 30, 2006 Decided: July 13, 2006
Before MOTZ, TRAXLER, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Jacqueline E. Ngole, Rockville, Maryland, for Petitioner. Peter D.
Keisler, Assistant Attorney General, Carol Federighi, Senior
Litigation Counsel, Elizabeth L. Loeb, Office of Immigration
Litigation, 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Unpublished opinions are not binding precedent in this circuit.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:
Ginette Sylvie Bilala-Koutsana, a native and citizen of
the Republic of Congo, petitions for review of the Board of
Immigration Appeals’ (“Board”) order dismissing her appeal from the
immigration judge’s decision denying her motion to reopen after she
was ordered removed to the Republic of Congo after in absentia
proceedings. Bilala-Koutsana claims the Board abused its
discretion in affirming the immigration judge’s denial of the
motion to reopen. Bilala-Koutsana also contends the Board abused
its discretion in denying her motion to remand for the purpose of
considering her petition for adjustment of status. We deny the
petition for review.
We review a denial of a motion to reopen for abuse of
discretion. INS v. Doherty,
502 U.S. 314, 323-24 (1992); Barry v.
Gonzales,
445 F.3d 741, 744 (4th Cir. 2006). Denial of a motion to
reopen must be reviewed with extreme deference, since immigration
statutes do not contemplate reopening and the applicable
regulations disfavor such motions. M.A. v. INS,
899 F.2d 304, 308
(4th Cir. 1990) (en banc). This court reverses the Board’s denial
of a motion to reopen only if the denial is “arbitrary, capricious,
or contrary to law.” Barry, 445 F.3d at 745.
We find the Board did not abuse its discretion in finding
Bilala-Koutsana’s reason for not appearing at her hearing was not
exceptional.
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We also find the Board did not abuse its discretion in
denying the motion to remand. Bilala-Koutsana did not provide
sufficient evidence of a prima facie showing of the bona fides of
her marriage.
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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