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LeBlanc v. Holder

United States Court of Appeals, Fourth Circuit

April 21, 2015

ASHTON JOSEPH LEBLANC; ROBERT LEBLANC, Petitioners,
v.
ERIC H. HOLDER, JR., Attorney General, Respondent

Argued, March 24, 2015,

On Petition for Review of an Order of the Board of Immigration Appeals.

ARGUED:

Steffanie Jones Lewis, Albert Zelius Lewis, Jr., THE INTERNATIONAL BUSINESS LAW FIRM, PC, Washington, D.C., for Petitioners.

Aimee J. Carmichael, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

ON BRIEF:

Joyce R. Branda, Acting Assistant Attorney General, Civil Division, Mary Jane Candaux, Assistant Director, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Before SHEDD, DUNCAN, and AGEE, Circuit Judges. Judge Shedd wrote the opinion, in which Judge Duncan and Judge Agee joined.

OPINION

Page 207

SHEDD, Circuit Judge:

Ashton LeBlanc petitions for review of the denial of his motion to reopen the denial of an I-130 petition filed on behalf of his son, Robert. Because we lack jurisdiction over Ashton's petition, and because transfer to an appropriate district court is not in the interests of justice, we dismiss.

I.

Ashton, an 84-year-old Louisiana resident, spent his adult working life on off-shore oil rigs. fro 1968 to 1978, he was posted in Nigeria. During his time there, Ashton entered into a relationship with Victoria Efueye. Their relationship resulted in a son, Robert LeBlanc, born on September 6, 1970. Ashton is recorded as the father on the birth certificate, and he attended Robert's " Naming Day" celebration, a traditional acknowledgement of parentage in Nigeria. ...


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