United States Fourth Circuit

Denial of motion to reopen removal proceedings and subsequent motion to reconsider are upheld over claims that the BIA: 1) abused its discretion in refusing to stay petitioner's voluntary departure date while considering his motion to reopen, and 2) violated his due process rights by denying him a decision on his motion to reopen.

Appellate Information

• Argued 03/16/2006
• Decided 08/18/2006
• Published 08/18/2006

Judges

• Before MOTZ, KING, and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Randall Lee Johnson, Johnson & Associates, Arlington, Virginia, for Petitioner.  Carol Federighi, Senior Litigation, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent.   ON BRIEF:  Peter D. Keisler, Assistant Attorney General, M. JocelynLopez Wright, Assistant Director, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent.