John Shoetan v. Eric Holder, Jr., No. 07-1913 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-1913 JOHN KOJO SHOETAN, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted: March 11, 2010 Decided: April 7, 2010 Before NIEMEYER, SHEDD, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Joshua A. Moses, JOSHUA MOSES & ASSOCIATES, Silver Spring, Maryland, for Petitioner. Tony West, Assistant Attorney General, James E. Grimes, Senior Litigation Counsel, Gerald M. Alexander, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: John Kojo Shoetan, a native and citizen of Ghana, petitions for review of an order of the Board of Immigration Appeals ( Board ) dismissing his appeal from the immigration judge s order and finding Shoetan was an arriving alien and that the immigration judge did not have jurisdiction to consider his application for adjustment of status. Accordingly, because Shoetan had no other applications for relief pending before the immigration judge, the order of removal stands. We have reviewed the record and the amended regulations pertinent to Shoetan s claim and deny the petition for review. See Brito v. Mukasey, 521 F.3d 160, 167-68 (2d Cir. 2008); Chambers v. Mukasey, 520 F.3d 445, 450 (5th Cir. 2008). We also deny the motion to place the petition for review in abeyance. legal before We dispense with oral argument because the facts and contentions the court are adequately and argument presented would not in aid the the materials decisional process. PETITION DENIED 2

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