Michael Adepoju v. Eric Holder, Jr., No. 08-2137 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-2137 MICHAEL ADEMOLA ADEPOJU, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: June 17, 2009 Decided: June 30, 2009 Before WILKINSON and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Ronald D. Richey, LAW OFFICE OF RONALD D. RICHEY, Rockville, Maryland, for Petitioner. Tony West, Assistant Attorney General, Mary Jane Candaux, Assistant Director, Aimee J. Frederickson, 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 Unpublished opinions are not binding precedent in this circuit.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: Michael Nigeria, Ademola petitions Immigration for Appeals Adepoju, review of ( Board ) a an native order dismissing and of his citizen the appeal of Board of from the immigration judge s denial of his requests for adjustment of status and voluntary departure. We have reviewed the record and find that substantial evidence supports the finding that Adepoju is ineligible for adjustment of status and voluntary departure. Accordingly, we deny the petition for review for the reasons stated by the Board. 2008). * legal We dispense with oral argument because the facts and contentions before See In re: Adepoju (B.I.A. Sept. 10, the court are adequately and argument presented would not in aid the the materials decisional process. PETITION DENIED * We specifically uphold the finding that the order imposing probation without any adjudication of guilt constituted a conviction for immigration purposes. See 8 U.S.C. § 1101(a)(48)(A) (2006); Yanez-Popp v. INS, 998 F.2d 231 (4th Cir. 1993). 2

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