Violet Mmbone Ashihundu v. U.s. Immigration & Naturalization Service

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-1434
VIOLET MMBONE ASHIHUNDU,
Petitioner,
versus
U.S. IMMIGRATION & NATURALIZATION SERVICE;
JOHN ASHCROFT, Attorney General,
Respondents.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A-70-671-700)
Submitted: August 17, 2001 Decided: September 11, 2001
Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
David L. Cleveland, CATHOLIC CHARITIES IMMIGRATION, Washington,
D.C., for Petitioner. Stuart E. Schiffer, Acting Assistant
Attorney General, Linda S. Wendtland, Assistant Director, Robbin K.
Blaya, Office of Immigration Litigation, Civil Division, UNITED
STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondents.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Violet Mmbone Ashihundu, a native and citizen of Kenya, seeks
review of an opinion and order of the Board of Immigration Appeals
(Board) dismissing her appeal and affirming the decision of the
immigration judge (IJ) denying a motion to reopen her deportation
proceedings. The IJ ordered Ashihundu deported in absentia after
she failed to appear for her deportation hearing. We review the
order of the Board pursuant to 8 U.S.C.A. § 1229a(b)(5)(D);
§ 1252(b)(6)(West 1999). Our review of the record discloses that
the IJ and the Board applied the correct standard in assessing
Ashihundu’s case, and the decision to deny the motion to reopen was
not an abuse of discretion. Other arguments Ashihundu raises be-
fore the court are without merit. Accordingly, we deny the peti-
tion 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 the decisional process.
PETITION DENIED

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