DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

043014P.pdf   12/09/2005  Jean Noel Fongwo  v.  John Ashcroft
   U.S. Court of Appeals Case No:  04-3014
   Agency   
   [PUBLISHED] [Colloton, Author, with Bye and Heaney, Circuit Judges]
   Petition for Review - Immigration. Immigration Judge did not abuse
   her discretion in denying petitioner's motion to reopen, as the evidence
   petitioner sought to introduce through the motion was not new,
   unavailable or undiscoverable; nor did the IJ abuse her discretion in
   denying petitioner's motion to reconsider, as the decision had a rational
   explanation, did not depart from established policies and did not rest on
   an impermissible basis. Judge Heaney, dissenting.