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184 F. App'x 345

Che v. Gonzales

U.S. Courts of Appeals

Decided June 8, 2006

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U.S. Courts of Appeals · decided 2006-06-08

Applies 8 U.S.C. § 1229A (§ 240 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Immigration & Naturalization Service v. Doherty

Decided 2006-06-08

PER CURIAM:

¶1 Divine Awah Che, a native and citizen of Cameroon, petitions for review of an order of the Board of Immigration Appeals adopting and affirming the immigration judge’s denial of Che’s motion to reopen. Che sought rescission of a final order of deportation entered in absentia, asserting that his absence from court was due to exceptional circumstances beyond his control. We have reviewed the administrative record and conclude that the denial of the motion to reopen the in absentia order was not an abuse of discretion. See INS v. Doherty, 502 U.S. 314, 112 S.Ct. 719, 116 L.Ed.2d 823 (1992); 8 U.S.C.A. § 1229a(b)(5)(C)(I), (e)(1) (West 2005).

¶2 We therefore 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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