Mapku v. Ashcroft

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 16, 2004
Charles R. Fulbruge III
Clerk
No. 03-60621
Summary Calendar
KOL MAPKU,
Petitioner,
versus
JOHN ASHCROFT, U.S. ATTORNEY GENERAL,
Respondent.
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A79 048 062
Before JONES, BENAVIDES and CLEMENT, Circuit Judges.
PER CURIAM:*
Kol Mapku, also known as Kole Marku, petitions this court
for review of the Board of Immigration Appeals’ (“BIA”) decision
affirming the Immigration Judge’s (“IJ”) denial of his motion
to reopen deportation proceedings. Mapku argues that: (1) the BIA
abused its discretion by affirming the IJ’s decision, (2) equitable
tolling should apply to his case, and (3) that his due process
rights were violated when the BIA adopted the reasoning of the IJ
and affirmed the IJ’s decision.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5TH CIR. R. 47.5.4.
Mapku has failed to show that the BIA abused its
discretion by affirming the denial of his motion to reopen. See
Lara v. Trominski, 216 F.3d 487, 496 (5th Cir. 2000). As the
operation of a statute of limitations is not at issue in this case,
Mapku’s equitable tolling argument is without merit. See United
States v. Patterson, 211 F.3d 927, 930 (5th Cir. 2000). Further-
more, Mapku’s due process argument is unavailing. See Soadjede v.
Ashcroft, 324 F.3d 830, 831 (5th Cir. 2003). Accordingly, the
petition for review is DENIED.
2