Smart v. Mukasey ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-1468
HYANG KYU SMART,
Petitioner,
versus
MICHAEL B. MUKASEY, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A29-797-377)
Submitted: November 19, 2007 Decided: December 19, 2007
Before KING and SHEDD, Circuit Judges, and Henry F. FLOYD, United
States District Judge for the District of South Carolina, sitting
by designation.
Petition denied by unpublished per curiam opinion.
John Bodner, Jr., Pradeep Victor, HOWREY, L.L.P., Washington, D.C.;
Stanton Braverman, BRAVERMAN & LIN, P.C., Charlottesville,
Virginia, for Petitioner. Peter D. Keisler, Assistant Attorney
General, Civil Division, James A. Hunolt, Senior Litigation
Counsel, Office of Immigration Litigation, Song E. Park, UNITED
STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Hyang Kyu Smart, a native and citizen of South Korea,
seeks review of the April 4, 2006 order of the Board of Immigration
Appeals (Board) denying her motion to reconsider. See In re:
Smart, No. A29-797-377 (B.I.A. Apr. 4, 2006). In her brief, Smart
reiterates arguments relevant to the Board’s underlying order of
January 26, 2006, finding no jurisdiction to consider her
application for adjustment of status. See In re: Smart, No. A29-
797-377 (B.I.A. Jan. 26, 2006). We note that the underlying order
is not before us for review and that Smart does not advance any
arguments relevant to the denial of the motion to reconsider. See
Stone v. INS, 514 U.S. 386, 394, 405 (1995).
Accordingly, we are constrained to 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
- 2 -