Nchanji 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not be published and is not precedent except under the limited circumstances set forth in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 10, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-60861
Summary Calendar
FAI BUNGONG NCHANJI,
Petitioner,
versus
JOHN ASHCROFT, U.S. ATTORNEY GENERAL,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
(BIA No. A78-354-361)
_______________________________________________________
Before REAVLEY, SMITH and STEWART, Circuit Judges.
PER CURIAM:*
Fai Bungong Nchanji seeks review of an order of the Board of Immigration
Appeals (BIA), which dismissed his appeal of the decision of an immigration judge
denying his application for asylum and withholding of removal. The BIA properly held

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that it lacked jurisdiction, since Nchanji had waived his right of appeal in exchange for
the privilege of voluntary departure. See 8 C.F.R. §§ 3.39, 240.26(b)(1)(D) (2002).
The record amply reflects that Nchanji made a knowing and voluntary withdrawal
and waiver of his asylum claim, including his right to appeal, in exchange for voluntary
departure. His appeal to this court is baseless.
PETITION DENIED.

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