Ramirez v. Gonzales ( 2005 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-2434
ROGELIO RAMIREZ,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A70-674-170)
Submitted: July 18, 2005 Decided: August 3, 2005
Before NIEMEYER, WILLIAMS, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Ivan Yacub, LAW OFFICE OF IVAN YACUB, Falls Church, Virginia, for
Petitioner. Peter D. Keisler, Assistant Attorney General, M.
Jocelyn Lopez Wright, Assistant Director, Song E. Park, 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Unpublished opinions are not binding precedent in this circuit.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:
Rogelio Ramirez, a native and citizen of Mexico,
petitions for review of an order of the Board of Immigration
Appeals (“Board”) dismissing his appeal from the immigration
judge’s denial of his second 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 upholding the
denial of Ramirez’s motion. See INS v. Doherty, 502 U.S. 314,
323-24 (1992). Accordingly, we deny the petition for review for
the reasons stated by the Board. See In re: Ramirez, No.
A70-674-170 (B.I.A. Oct. 18, 2004).* 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
*
In his brief, Ramirez challenges the fact that his decision
was rendered by a single Board member without following the proper
regulations based on his mistaken belief that his case was decided
pursuant to the regulatory procedures governing orders that
summarily affirm without opinion. Instead, Ramirez’s case was
decided by a single Board member pursuant to 8 C.F.R.
§ 1003.1(e)(5) (2005). Thus, we find that Ramirez’s claim that the
Board failed to follow its own regulations is clearly without
merit.
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