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    Tucker v. Gonzales, 4th Cir. (2005)

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    The United States Court of Appeals for the Fourth Circuit denied Hawa Diallo Tucker's petition for review of the Board of Immigration Appeals' denial of her motion to reopen immigration proceedings. The Board did not abuse its discretion in denying the motion because Tucker failed to present clear and convincing evidence that her marriage was bona fide as required. The court dispensed with oral argument as the facts and legal issues were adequately presented in the materials before the court.

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    Tucker v. Gonzales, 4th Cir. (2005)

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    The United States Court of Appeals for the Fourth Circuit denied Hawa Diallo Tucker's petition for review of the Board of Immigration Appeals' denial of her motion to reopen immigration proceedings. The Board did not abuse its discretion in denying the motion because Tucker failed to present clear and convincing evidence that her marriage was bona fide as required. The court dispensed with oral argument as the facts and legal issues were adequately presented in the materials before the court.

    Original Description:

    Filed: 2005-10-17 Precedential Status: Non-Precedential Docket: 05-1296

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    The United States Court of Appeals for the Fourth Circuit denied Hawa Diallo Tucker's petition for review of the Board of Immigration Appeals' denial of her motion to reopen immigration proceedings. The Board did not abuse its discretion in denying the motion because Tucker failed to present clear and convincing evidence that her marriage was bona fide as required. The court dispensed with oral argument as the facts and legal issues were adequately presented in the materials before the court.

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    6 views2 pages

    Tucker v. Gonzales, 4th Cir. (2005)

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    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit denied Hawa Diallo Tucker's petition for review of the Board of Immigration Appeals' denial of her motion to reopen immigration proceedings. The Board did not abuse its discretion in denying the motion because Tucker failed to present clear and convincing evidence that her marriage was bona fide as required. The court dispensed with oral argument as the facts and legal issues were adequately presented in the materials before the court.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-1296

    HAWA DIALLO TUCKER,


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

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


    Appeals. (A95-886-686)

    Submitted:

    September 14, 2005

    Decided:

    October 17, 2005

    Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Socheat Chea, SOCHEAT CHEA, P.C., Duluth, Georgia, for Petitioner.


    Peter D. Keisler, Assistant Attorney General, M. Jocelyn Lopez
    Wright, Assistant Director, Kristin K. Edison, OFFICE OF
    IMMIGRATION LITIGATION, Washington, D.C., for Respondent.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Hawa Diallo Tucker, a native and citizen of Guinea,
    petitions for review of an order of the Board of Immigration
    Appeals

    (Board)

    denying

    her

    motion

    to

    reopen

    immigration

    proceedings. We have reviewed the record and the Boards order and
    find that the Board did not abuse its discretion in denying
    Tuckers motion on the alternate ground that she failed to present
    clear and convincing evidence indicating a strong likelihood that
    her marriage is bona fide as required by Matter of Velarde-Pacheco,
    23 I. & N. Dec. 253 (B.I.A. 2002).
    petition for review.
    facts

    and

    materials

    legal
    before

    We dispense with oral argument because the

    contentions
    the

    Accordingly, we deny the

    court

    are

    adequately

    and

    argument

    presented

    would

    not

    in

    the

    aid

    the

    decisional process.

    PETITION DENIED

    - 2 -

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