Bastos v. Ashcroft

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1432
ULISSES M. BASTOS,
Petitioner,
versus
JOHN ASHCROFT, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A28-326-230)
Submitted: October 20, 2004 Decided: November 4, 2004
Before WILLIAMS and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Antonio M. Zaldana, LAW OFFICE OF ANTONIO M. ZALDANA, Los Angeles,
California, for Petitioner. Peter D. Keisler, Assistant Attorney
General, James A. Hunolt, Senior Litigation Counsel, Sarah Maloney,
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Unpublished opinions are not binding precedent in this circuit.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:
Ulisses M. Bastos, a native and citizen of Brazil,
petitions for review of an order of the Board of Immigration
Appeals (“Board”) denying his motion to reopen and dismissing his
appeal of the immigration judge’s denial of his motions to reopen
and reconsider. We have reviewed the administrative record and the
Board’s order and find that the Board did not abuse its discretion.
See INS v. Doherty, 502 U.S. 314, 323-24 (1992). Additionally, we
conclude that Bastos’s due process claim is without merit. See
Blanco de Belbruno v. Ashcroft, 362 F.3d 272, 278 (4th Cir. 2004);
Rusu v. INS, 296 F.3d 316, 321-22 (4th Cir. 2002).
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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