Mirshokraei v. Gonzales , 155 F. App'x 98 ( 2005 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1664
ARASH MIRSHOKRAEI,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A95-535-498; A95-536-000)
Submitted: November 18, 2005 Decided: December 12, 2005
Before WILLIAMS, GREGORY, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Aria Shariati, SHARIATI & ASSOCIATES, Washington, D.C., for
Petitioner. Frank D. Whitney, United States Attorney, Anne M.
Hayes, Steve R. Matheny, Assistant United States Attorneys,
Raleigh, North Carolina, for Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Arash Mirshokraei, a citizen and native of Iran,
petitions for review of the Board of Immigration Appeals’ (“Board”)
order dismissing the appeal from the immigration judge’s order
denying his application for asylum, withholding from removal and
withholding under the Convention Against Torture. We deny the
petition for review.
At the merits hearing, the immigration judge sustained
the Government’s objection and refused to accept certain documents
Mirshokraei and his wife submitted in support of their applications
for relief because the translations were not in compliance with 8
C.F.R. § 1003.33 (2005). The Board upheld this ruling and we find
no error.
There is no support for the argument that the United
States Citizenship and Immigration Service had a pattern and
practice of accepting documents at an immigration hearing that were
not translated pursuant to § 1003.33. We further find the
Government did not waive this objection.
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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