Nkong v. Ashcroft

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-1082
FIDELIS ATABONG NKONG,
Petitioner,
versus
JOHN ASHCROFT, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A27-862-592)
Submitted: July 31, 2003 Decided: August 28, 2003
Before WIDENER, WILKINSON, and LUTTIG, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Danielle L.C. Beach-Oswald, NOTO & OSWALD, P.C., Washington, D.C.,
for Petitioner. Robert D. McCallum, Jr., Assistant Attorney
General, Michael P. Lindemann, Assistant Director, Douglas E.
Ginsburg, Senior Litigation Counsel, Office of Immigration
Litigation, 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Unpublished opinions are not binding precedent in this circuit.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:
Fidelis Atabong Nkong, a native and citizen of Cameroon,
petitions for review of an order of the Board of Immigration
Appeals (“Board”) affirming, without opinion, the immigration
judge’s denial of his waiver application pursuant to 8 U.S.C.
§ 1186a(c)(4) (2000). This section provides that the Attorney
General, in his discretion, may remove the conditional basis placed
upon an alien’s permanent resident status (and waive the
requirement that the alien and his citizen spouse jointly file a
petition for removal of the conditional basis) upon a showing that
the alien’s marriage was entered into in good faith. Because we
find that the immigration judge did not abuse his discretion in
finding that Nkong did not enter into his marriage in good faith,
we deny the petition for review. See Nyonzele v. INS, 83 F.3d 975,
979 (8th Cir. 1996); Matter of Laureano, 19 I. & N. Dec. 1, 2-3
(BIA 1983). 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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