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OBIOHA v. GONZALES

No. 04-2253.

431 F.3d 400 (2005)

Adaobi Stella OBIOHA, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided December 8, 2005.

Attorney(s) appearing for the Case

ARGUED: Jim Tom Haynes, Washington, D.C., for Petitioner.

Michael John Frank, United States Department of Justice, Office of Legal Policy, Washington, D.C., for Respondent.

ON BRIEF: Peter D. Keisler, Assistant Attorney General, Civil Division, M. Jocelyn Lopez Wright, Assistant Director, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.

Before KING and GREGORY, Circuit Judges, and R. BRYAN HARWELL, United States District Judge for the District of South Carolina, sitting by designation.

Petition for review denied and judgment affirmed by published opinion. Judge GREGORY wrote the opinion, in which Judge KING and Judge HARWELL joined.

OPINION

GREGORY, Circuit Judge.

Adaobi Stella Obioha ("Obioha") challenges the decision of the Board of Immigration Appeals ("BIA") denying her motion to remand. Obioha seeks remand so that she can pursue cancellation of removal as a nonpermanent resident before the Immigration Judge ("IJ"). As an initial...

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