Faty v. Ashcroft , 109 F. App'x 608 ( 2004 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1233
SEKOUBA FATY,
Petitioner,
versus
JOHN ASHCROFT, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A70-504-622)
Submitted: September 8, 2004 Decided: September 23, 2004
Before MICHAEL, MOTZ, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Randall L. Johnson, JOHNSON & ASSOCIATES, P.C., Arlington,
Virginia, for Petitioner. Peter D. Keisler, Assistant Attorney
General, Linda S. Wendtland, Assistant Director, Elizabeth J.
Stevens, OFFICE OF IMMIGRATION LITIGATION, Washington, D.C., for
Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Sekouba Faty, a native and citizen of Mali, petitions for
review of an order of the Board of Immigration Appeals (“Board”)
denying his motion to reopen immigration proceedings. We have
reviewed the record and the Board’s order and find that the Board
did not abuse its discretion in denying Faty’s motion to reopen.
See 8 C.F.R. § 1003.2(a) (2004); INS v. Doherty, 502 U.S. 314,
323-24 (1992). As found by the Board, the new documents submitted
by Faty fail to resolve the credibility problems that were present
at his immigration hearing and fail to establish his eligibility
for asylum, withholding of removal, or protection under the
Convention Against Torture. 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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