U.S. Court of Appeals for the Fourth Circuit, 2004

Sall v. Ashcroft

Sall v. Ashcroft
U.S. Court of Appeals for the Fourth Circuit · Decided August 23, 2004 · Michael, Gregory, Hamilton
106 F. App'x 876

Sall v. Ashcroft

Opinion

PER CURIAM.

El Hadji Sail and his wife, Anta Mbaye Diagne, natives and citizens of Senegal, petition for review of an order of the Board of Immigration Appeals denying their motion to reconsider its denial of their application for asylum. We dismiss the petition for lack of jurisdiction. Petitioners first challenge the Immigration Judge’s (IJ) finding that their asylum application is untimely. See 8 U.S.C. § 1158(a)(2)(B) (2000); 8 C.F.R. § 1208.4(a) (2004). We conclude we lack jurisdiction to review this claim. See 8 U.S.C. § 1158(a)(3) (2000). Petitioners next dispute the IJ’s finding that they failed to qualify for withholding of removal and protection under the Convention Against Torture. We have reviewed the administrative record and conclude that petitioners did not properly exhaust this claim because they failed to raise it in their motion for reconsideration. See 8 U.S.C. § 1252(d)(1) (2000); Asika v. Ashcroft, 362 F.3d 264, 267 n. 3 (4th Cir. 2004).

We accordingly dismiss 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 DISMISSED

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