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103 F. App'x 794

Bula Bula v. Ashcroft

U.S. Courts of Appeals

Decided August 6, 2004

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U.S. Courts of Appeals · decided 2004-08-06

Cited by 1 later decisions (1 by the Supreme Court) — most recently March 2005

Relies on Immigration & Naturalization Service v. Doherty · Blanco de Belbruno v. Ashcroft

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Decided 2004-08-06

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PER CURIAM:

¶1 Amede Molimi Bula Bula, a native and citizen of the Democratic Republic of the Congo, petitions for review of an order of the Board of Immigration Appeals (“Board”) dismissing his appeal of the immigration judge’s denial of his motion to 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, 112 S.Ct. 719, 116 L.Ed.2d 823 (1992). Additionally, we conclude Bula Bula’s claims that the Board’s new streamlining regulations, pursuant to which his appeal was decided by a single Board member, were impermissibly retroactive, inconsistent with the Immigration and Nationality Act, and in violation of his rights under the Due Process Clause are foreclosed by Blanco de Belbruno v. Ashcroft, 362 F.3d 272 (4th Cir.2004), in which we concluded to the contrary.

¶2 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.

¶3 PETITION DENIED

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