CUONG PHU LE v. ROSEN (2021)

United States Court of Appeals, Eighth Circuit.

CUONG PHU LE Petitioner v. Jeffrey A. ROSEN, Acting Attorney General of United States 1 Respondent

No. 20-1883

Decided: January 19, 2021

Before LOKEN, BENTON, and ERICKSON, Circuit Judges.

Shahzad Ghafoor, Ghafoor & Cook, Independence, MO, for Petitioner Sharon Michele Clay, Virginia Lum, Carl H. McIntyre, U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Washington, DC, for Respondent

[Unpublished]

Cuong Phu Le, a native and citizen of Vietnam, filed a motion to reopen his removal proceedings to allow him to seek adjustment of status, based on his marriage to a United States citizen soon after an immigration judge entered a pre-conclusion voluntary departure order. The immigration judge denied the motion, and the Board of Immigration Appeals summarily affirmed. After careful review, we conclude that the agency acted within its discretion in denying the motion to reopen. See Sharif v. Barr, 965 F.3d 612, 618 (8th Cir. 2020) (standard of review); Miah v. Mukasey, 519 F.3d 784, 789-90 (8th Cir. 2008); Fongwo v. Gonzales, 430 F.3d 944, 947 n.2 (8th Cir. 2005). Accordingly, we deny the petition for review.

PER CURIAM.

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