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Nchanji v. Ashcroft, 02-60861 (2003)

Court: Court of Appeals for the Fifth Circuit Number: 02-60861 Visitors: 22
Filed: Apr. 10, 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 April 10, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 02-60861 Summary Calendar FAI BUNGONG NCHANJI, Petitioner, versus JOHN ASHCROFT, U.S. ATTORNEY GENERAL, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals (BIA No. A78-354-361) _ Before REAVLEY, SMITH and STEWART, Circuit Judges. PER CURIAM:* Fai Bungong Nchanji seeks review of an order of the Board of
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                                                                        United States Court of Appeals
                                                                                 Fifth Circuit
                                                                              F I L E D
                   IN THE UNITED STATES COURT OF APPEALS
                                                                                April 10, 2003
                               FOR THE FIFTH CIRCUIT                       Charles R. Fulbruge III
                                                                                   Clerk


                                     No. 02-60861
                                   Summary Calendar



      FAI BUNGONG NCHANJI,

                                                       Petitioner,

                                          versus

      JOHN ASHCROFT, U.S. ATTORNEY GENERAL,

                                                       Respondent.


                     On Petition for Review of an Order of the
                         Board of Immigration Appeals
                              (BIA No. A78-354-361)
          _______________________________________________________


Before REAVLEY, SMITH and STEWART, Circuit Judges.

PER CURIAM:*

      Fai Bungong Nchanji seeks review of an order of the Board of Immigration

Appeals (BIA), which dismissed his appeal of the decision of an immigration judge

denying his application for asylum and withholding of removal. The BIA properly held



      *
        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not be published and is not precedent except under the limited circumstances set forth in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.
that it lacked jurisdiction, since Nchanji had waived his right of appeal in exchange for

the privilege of voluntary departure. See 8 C.F.R. ยงยง 3.39, 240.26(b)(1)(D) (2002).

       The record amply reflects that Nchanji made a knowing and voluntary withdrawal

and waiver of his asylum claim, including his right to appeal, in exchange for voluntary

departure. His appeal to this court is baseless.

       PETITION DENIED.




                                             2

Source:  CourtListener

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