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ROBERTS v. GONZALES

No. 04-2261.

422 F.3d 33 (2005)

Martin ROBERTS, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided September 6, 2005.

Attorney(s) appearing for the Case

Khagendra Gharti Chhetry and Chhetry & Associates, P.C. on brief for petitioner.

Peter D. Keisler, Assistant Attorney General, Civil Division, Emily A. Radford, Assistant Director, Office of Immigration Litigation, and Jean-Michel Voltaire, Trial Attorney, United States Department of Justice, on brief for respondent.

Before SELYA, DYK, and HOWARD, Circuit Judges.

SELYA, Circuit Judge.

The petitioner, Martin Roberts, is a native of Grenada. He seeks judicial review of a decision of the Board of Immigration Appeals (BIA) affirming a denial of his motion to reopen removal proceedings. Concluding, as we do, that the BIA did not abuse its discretion in deeming the petitioner's motion untimely, we deny the petition.

The facts are uncomplicated. The petitioner lawfully entered the United States on January 20, 1994. His B...

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