Dada v. Gonzales, No. 06-60180 (5th Cir. 2006)
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The court issued a subsequent related opinion or order on August 19, 2008.
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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT November 28, 2006 Charles R. Fulbruge III Clerk No. 06-60180 Summary Calendar SAMSON TAIWO DADA, Petitioner, versus ALBERTO R. GONZALES, U. S. ATTORNEY GENERAL, Respondent. -------------------Petition for Review of an Order of the Board of Immigration Appeals BIA No. A78 129 270 -------------------Before JOLLY, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM:* Samson Taiwo Dada is a citizen of Nigeria who was admitted into the United States in April 1998 and remained in the country beyond the authorized period. An immigration judge (IJ) ordered Dada to be removed but granted his request for voluntary departure. The Board of Immigration Appeals (BIA) affirmed the IJ s decision. Dada filed a motion to reopen on the ground that he was seeking adjustment of status, and he sought leave to withdraw his request for voluntary departure. The BIA denied Dada s motion to reopen on the ground that, because he failed to * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 06-60180 -2leave the United States by the imposed deadline for voluntary departure, he was statutorily ineligible for adjustment of status, pursuant to 8 U.S.C. § 1229c(d). In this petition for review, Dada argues that the BIA erred by (1) finding him to be statutorily ineligible for adjustment of status under § 1229c(d) and (2) denying his motion to reopen despite the IJ s denial of Dada s request for a continuance. The BIA s interpretation of the applicable statutes rendering Dada ineligible was reasonable. 387, 389-91 (5th Cir. 2006). See Banda-Ortiz v. Gonzales, 445 F.3d The IJ did not abuse its discretion by denying Dada s request for a continuance. See Ahmed v. Gonzales, 447 F.3d 433, 438-39 (5th Cir. 2006). Dada s arguments challenging the IJ s decision and the BIA s affirmance of that decision are not cognizable within his petition for review, which was directed at the BIA s denial of Dada s motion to reopen. See Guevara v. Gonzales, 450 F.3d 173, 176 (5th Cir. 2006). Dada has failed to show that the BIA abused its discretion by denying his motion to reopen. 295, 303-04 (5th Cir. 2005). review is DENIED. See Zhao v. Gonzales, 404 F.3d Accordingly, his petition for
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