Dong v. Ashcroft

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
April 11, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-60440
Summary Calendar
WEN SHENG DONG,
Petitioner,
versus
JOHN ASHCROFT, U.S. ATTORNEY GENERAL,
Respondent.
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Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A71 984 806
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Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Wen Sheng Dong petitions this court to review the decision
of Board of Immigration Appeals (BIA) denying his motion to
reopen immigration proceedings. We hold that the BIA’s finding
that Dong received legally sufficient notice was supported by
substantial evidence and, therefore, that the denial of the
motion to reopen was not an abuse of discretion. See Mikhael v.
INS, 115 F.3d 299, 302 (5th Cir. 1997); Pritchett v. INS, 993
F.2d 80, 83 (5th Cir. 1993).

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No. 02-60440
-2-
We lack jurisdiction to consider Dong’s asylum claim. See
Witter v. INS, 113 F.3d 549, 554 (5th Cir. 1997).
Dong’s petition for review is DENIED.

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