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Sokol DODAJ, a/k/a Artur Koci, Petitioner, v. U.S. IMMIGRATION & NATURALIZATION SERVICE; John Ashcroft, Attorney General, Respondents

United States Court of Appeals for the Fourth Circuit2002-04-19No. No. 01-2126
32 F. App'x 694

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Opinion

majority opinion

PER CURIAM.

Sokal Dodaj, a native and citizen of Albania, petitions for review of an order of the Board of Immigration Appeals (Board) denying relief from removal. The Board’s determination that Dodaj is not eligible for asylum must be upheld unless that determination is “manifestly contrary to law.” 8 U.S.C.A. § 1252(b)(4)(C) (West 1999).

We have reviewed the administrative record and find no error in the Board’s conclusion that Dodaj failed to establish eligibility as a refugee in order to qualify for relief from removal. 8 U.S.C.A § 1101(a)(42)(A) (West 1999); M.A. v. U.S. INS, 899 F.2d 304, 307 (4th Cir.1990) (en banc). In addition, Dodaj’s claim that gaps in the transcript require remand was not raised before the Board and has thus been waived. Gandarillas-Zambrana v. BIA, 44 F.3d 1251, 1255 (4th Cir.1995); Farrokhi v. U.S. INS, 900 F.2d 697, 700-01 (4th Cir.1990).

We accordingly affirm the Board’s order. We dispense with oral argument because the facts and legal contentions are adequately presented in the material before the court and argument would not aid the decisional process.

AFFIRMED.