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    Levai v. Gonzales, 4th Cir. (2007)

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    The document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a petition for review of a Board of Immigration Appeals decision denying a motion to reconsider. The only issue properly before the court is whether the Board abused its discretion in denying the motion to reconsider. The court found that the Board did not abuse its discretion in denying the motion because the petitioner failed to present clear evidence that his marriage was bona fide as required.

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    Levai v. Gonzales, 4th Cir. (2007)

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    The document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a petition for review of a Board of Immigration Appeals decision denying a motion to reconsider. The only issue properly before the court is whether the Board abused its discretion in denying the motion to reconsider. The court found that the Board did not abuse its discretion in denying the motion because the petitioner failed to present clear evidence that his marriage was bona fide as required.

    Original Description:

    Filed: 2007-08-24 Precedential Status: Non-Precedential Docket: 06-1889

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    The document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a petition for review of a Board of Immigration Appeals decision denying a motion to reconsider. The only issue properly before the court is whether the Board abused its discretion in denying the motion to reconsider. The court found that the Board did not abuse its discretion in denying the motion because the petitioner failed to present clear evidence that his marriage was bona fide as required.

    Copyright:

    Public Domain
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    38 views2 pages

    Levai v. Gonzales, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    The document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a petition for review of a Board of Immigration Appeals decision denying a motion to reconsider. The only issue properly before the court is whether the Board abused its discretion in denying the motion to reconsider. The court found that the Board did not abuse its discretion in denying the motion because the petitioner failed to present clear evidence that his marriage was bona fide as required.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 06-1889

    GEORGE BUNGHA LEVAI,


    Petitioner,
    versus
    ALBERTO R. GONZALES, Attorney General,
    Respondent.

    On Petition for Review of an Order of the Board of Immigration


    Appeals. (A97-263-205)

    Submitted:

    August 3, 2007

    Decided:

    August 24, 2007

    Before NIEMEYER and MICHAEL, Circuit Judges, and WILKINS, Senior


    Circuit Judge.

    Petition denied by unpublished per curiam opinion.

    Danielle Beach Oswald, BEACH-OSWALD IMMIGRATION LAW ASSOCIATES, PC,


    Washington, D.C., for Petitioner.
    Peter D. Keisler, Assistant
    Attorney General, M. Jocelyn Lopez Wright, Kristin K. Edison,
    UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for
    Respondent.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    George Bungha Levai, a native and citizen of Cameroon,
    petitions for review of an order of the Board of Immigration
    Appeals (Board) denying his motion to reconsider its previous
    order adopting and affirming the immigration judges decision.

    We

    note that only the Boards denial of Levais motion to reconsider


    is properly before this Court as he failed to timely petition this
    Court for review of the Boards initial order.*

    Therefore, Levais

    only cognizable argument before this Court is that the Boards


    denial of Levais motion to reconsider was arbitrary and contrary
    to law.

    We have reviewed the record and the Boards order and find

    that the Board did not abuse its discretion in denying Levais
    motion

    for

    failing

    to

    present

    clear

    and

    convincing

    evidence

    indicating a strong likelihood that his marriage is bona fide, as


    required by Matter of Velarde-Pacheco, 23 I. & N. Dec. 253 (BIA
    2002).

    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 in the decisional process.

    PETITION DENIED

    The filing of a motion to reopen or reconsider with the Board


    does not toll the thirty-day period for seeking review of an
    underlying order. Stone v. INS, 514 U.S. 386, 394 (1995).
    - 2 -

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