Teban v. Gonzales

* 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this opinion should not be published and is not precedent except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
March 3, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-60206
Summary Calendar
HORATIU ANTONIU TEBAN,
Petitioner,
versus
ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL,
Respondent.
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Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A75 207 127
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Before HIGGINBOTHAM, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Horatiu Antoniu Teban petitions for review of an order of the
Board of Immigration Appeals (BIA) denying his motion for
consolidation or remand and affirming the Immigration Judge’s
(IJ’s) decision ordering him removed from the United States. Teban
argues that his due process rights were violated when he was not
timely informed that his former marriage had been found fraudulent
and, concomitantly, his previous wife’s I-130 application was
denied. He contends that this fraud finding harms him by

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No. 05-60206
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precluding him from receiving an adjustment of status based on his
current marriage.
Teban has not shown that he is entitled to relief from the
BIA’s judgment. Teban had no right to challenge the denial of his
former wife’s I-130 application. See 8 C.F.R. § 204.2. Teban has
failed to establish that his due process rights were implicated by
the disposition of this application. See Manzano-Garcia v.
Gonzales, 413 F.3d 462, 470 (5th Cir. 2005). Teban has likewise
failed to show that the BIA erred in affirming the order of removal
issued by the IJ and denying his motion for consolidation or
remand. Consequently, Teban’s petition for review is DENIED.

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