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*Local Rule 47.5 provides: "The publication of opinions that
have no precedential value and merely decide particular cases on
the basis of well-settled principles of law imposes needless
expense on the public and burdens on the legal profession."
Pursuant to that Rule, the Court has determined that this opinion
should not be published.
UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 92-4667
Summary Calendar
Nasser Ibrahim Ibrahim,
Petitioner,
VERSUS
Immigration and Naturalization Service,
Respondent.
Petition for Review of an Order of the
Board of Immigration Appeals
(A40 172 548)
January 7, 1993
Before HIGGINBOTHAM, SMITH, and DeMOSS, Circuit Judges.
PER CURIAM:*
Having carefully considered the briefs, the record excerpts,
and the administrative record herein, we have concluded that the
immigration judge did not abuse her discretion in refusing to grant
a second continuance to petitioner, and in ordering petitioner's
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deportation subject to a thirty-day period of voluntarily
departure. Likewise, we have determined that the Board of
Immigration Appeals did not abuse its discretion in dismissing
petitioner's appeal, and in reinstating the thirty-day period for
voluntary departure. Accordingly we DENY the petition for review
filed by petitioner herein.
Petitioner also requests this court to reinstate the thirty-
day period of voluntary departure if we dismiss the petition for
review. As authority for such action, petitioner cites us to the
decision of the Ninth Circuit Court of Appeals in Contreras-Aragon
v. INS, 852 F.2d 1088, (9th Cir. 1988), and to an unpublished
opinion of this court in No. 90-4808, Miguel Angel Paniagua-Mayorga
et al. v. INS, (July 25, 1991). However, in our view, the
controlling authority in this circuit is Masoud Farzad v. INS, 808
F.2d 1071, wherein another panel of this court held:
"[t]here is no legal or equitable persuasion
for this court to augment the administrative
remedy already available to Farzad of applying
to the district director to grant an extension
of voluntary departure. Our mention of this
procedure should not be read to intimate any
view of the outcome of such application."
Id. at 1072.
We decline, therefore, to act upon petitioner's request; but
do so without prejudice to petitioner's right to seek
administrative relief for an additional period of voluntary
departure.
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