Tchakounte v. Mukasey

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-1687
FRANCIS YOMI TCHAKOUNTE,
Petitioner,
versus
MICHAEL B. MUKASEY, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A78-692-621)
Submitted: October 31, 2007 Decided: November 27, 2007
Before MOTZ and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit
Judge.
Petition denied by unpublished per curiam opinion.
Robert L. Oswald, BEACH-OSWALD IMMIGRATION LAW ASSOCIATES, PC,
Washington, D.C., for Petitioner. Peter D. Keisler, Assistant
Attorney General, Aviva L. Poczter, Senior Litigation Counsel,
Patrick J. Glen, Trial Attorney, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Francis Yomi Tchakounte, a native and citizen of
Cameroon, seeks review of an order of the Board of Immigration
Appeals adopting and affirming the Immigration Judge’s decision to
deny relief from removal. Tchakounte asserts that his right to due
process was violated because a pretrial hearing before the
Immigration Judge was not recorded or its contents otherwise made
part of the record. We have independently reviewed the record with
respect to this claim and find that Tchakounte has failed to
demonstrate that he was prejudiced by the failure to record the
hearing. See Rusu v. INS, 296 F.3d 316, 320 (4th Cir. 2002); 8
C.F.R. § 1240.9 (2007). Next, we find no abuse of discretion in
the Immigration Judge’s denial of a continuance for adjudication of
Tchakounte’s second I-130 petition. See Onyeme v. INS, 146 F.3d
227, 231-33 (4th Cir. 1998).
We accordingly 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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