Albert v. Ashcroft

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-1953
MARIANO ALBERT,
Petitioner,
versus
JOHN ASHCROFT,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A76-594-091)
Submitted: May 3, 2004 Decided: June 14, 2004
Before WILKINSON, NIEMEYER, and TRAXLER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Ana T. Jacobs, ANA T. JACOBS & ASSOCIATES, P.C., Washington, D.C.,
for Petitioner. Peter D. Keisler, Assistant Attorney General,
Terri J. Scadron, Assistant Director, Virginia M. Lum, 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Unpublished opinions are not binding precedent in this circuit.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:
Mariano Albert, a native and citizen of the Philippines,
petitions for review of a Board of Immigrations Appeals (“Board”)
summary order denying his motion to reopen and reconsider its
earlier order affirming, without opinion, an immigration judge’s
decision finding him removable as charged and denying his
application for cancellation of removal.
In this petition, Albert solely attacks the Board’s
streamlined regulations codified at 8 C.F.R. § 1003.1(e)(4) (2003),
arguing that these regulation as applied in his case retroactively
deny him the right to review by at least three Board members, deny
his right to due process of law, and contravene the Immigration and
Naturalization Act. We have recently rejected identical challenges
to the Board’s streamlining regulations in Blanco de Belbruno v.
Ashcroft, ___ F.3d ___, ___, 2004 WL 603501 at *5-*9 (4th Cir.
Mar. 29, 2004) (No. 02-2142). See also Khattak v. Ashcroft, 332
F.3d 250, 253 (4th Cir.), cert. denied, 124 S. Ct. 833 (2003).
Accordingly, we find Albert’s claims are meritless and
deny his 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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