Legal Opinion

Fajemisin v. Holder

Court of Appeals for the Fifth Circuit

Decided August 19, 2010No. 09-60655Published

1Opinion of the Court

PER CURIAM: *

Kayode Rufus Fajemisin, a native and citizen of Nigeria, filed a petition for review of the Board of Immigration Appeals’ (“BIA”) July 31, 2009 decision dismissing his appeal of the immigration judge’s (“IJ”) denial of his request for a continuance. As the respondent argues, Fajemisin did not file a separate petition for review of the BIA’s denial of his motion to reconsider. See Guevara v. Gonzales, 450 F.3d 173, 176 (5th Cir.2006); Stone v. INS, 514 U.S. 386, 394-95, 115 S.Ct. 1537, 131 L.Ed.2d 465 (1995). Accordingly, this court lacks jurisdiction to review the BIA’s denial of…

2Cases cited7 opinions

  1. Stone v. Immigration & Naturalization ServiceSupreme Court of the United States · 1995
  2. HASHMIBoard of Immigration Appeals · 2009
  3. Fidelis Osuchukwu v. Immigration & Naturalization ServiceCourt of Appeals for the Fifth Circuit · 1984
  4. Witter v. Immigration & Naturalization ServiceCourt of Appeals for the Fifth Circuit · 1997
  5. Guevara v. GonzalesCourt of Appeals for the Fifth Circuit · 2006

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