Onana v. Gonzales, No. 04-2087 (4th Cir. 2006)

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ON REHEARING UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-2087 MATHURIN MARC OLAMA ONANA, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A73-556-660) Submitted: November 16, 2005 Decided: January 11, 2006 Before WILKINSON, MOTZ, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Steven Kreiss, Washington, D.C., for Petitioner. Peter D. Keisler, Assistant Attorney General, M. Jocelyn Lopez Wright, Assistant Director, Michelle E. Gorden, Senior Litigation Counsel, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Mathurin Marc Olama Onana, a native and citizen of Cameroon, petitions for review of an August 4, 2004 order of the Board of Immigration Appeals ( Board ) denying his second motion to reopen immigration proceedings.* We have reviewed the record and the Board s order and find that the Board did not abuse its discretion in denying the motion as untimely filed and as exceeding the numerical limitations for motions to reopen. See 8 C.F.R. § 1003.2(c)(2) (2005); INS v. Doherty, 502 U.S. 314, 323-24 (1992). Accordingly, we deny the petition for review. We dispense with oral contentions argument because the facts and legal are adequately presented in the materials before the court and argument would not aid the decisional process. PETITION DENIED * By unpublished per curiam opinion filed on September 23, 2005, we initially dismissed the petition for review as moot. We subsequently granted Onana s petition for panel rehearing, vacating our earlier opinion. - 2 -

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