Tajinder Singh v. Michael Mukasey

Filing 920080107

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-1538

TAJINDER SINGH, Petitioner, versus MICHAEL B. MUKASEY, United States Attorney General, Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. (A73-570-136)

Submitted:

December 19, 2007

Decided:

January 7, 2008

Before WILKINSON, MOTZ, and SHEDD, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Martin Avila Robles, San Francisco, California, for Petitioner. Peter D. Keisler, Assistant Attorney General, Aviva L. Poczter, Senior Litigation Counsel, Vanessa O. Lefort, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Tajinder Singh, a native and citizen of India, petitions for review of an order as of the Board his of Immigration to reopen Appeals removal

("Board")

denying

untimely

motion

proceedings.

We have reviewed the administrative record and find See 8 C.F.R.

no abuse of discretion in the Board's order.

§ 1003.2(a) (2007) ("The decision to grant or deny a motion to reopen . . . is within the discretion of the Board . . . ."); Barry v. Gonzales, 445 F.3d 741, 744 (4th Cir. 2006) (stating abuse of discretion standard), cert. denied, 127 S. Ct. 1147 (2007). We

therefore deny the petition for review for the reasons stated by the Board. We See In re: Singh, No. A73-570-136 (B.I.A. May 8, 2007). with oral argument because the facts and legal

dispense

contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

PETITION DENIED

- 2 -