YONG DIAN CHEN, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent, 173 F. App'x 310

PER CURIAM: Yong Dian Chen, a native and citizen of the People’s Republic of China, petitions for review of an October 8, 2004 order of the Board of Immigration Appeals (“Board”) denying Chen’s motion to reopen immigration proceedings. We review the denial of a motion to reopen for abuse of discretion. INS v. Doherty, 502 U.S. 314, 323-24, 112 S.Ct. 719, 116 L.Ed.2d 823 (1992). We have reviewed the record and the Board’s order and find that the Board did not abuse its discretion in denying the motion as untimely filed. See 8 U.S.C.A. § 1229a(c)(7)(C)(I) (West 1999 & Supp. 2005); 8 C.F.R. § 1003.2(c)(2) (2005).

Accordingly, we deny the petition for review. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. PETITION DENIED