U.S. Court of Appeals for the Fourth Circuit, 2005

Mbouende v. Gonzales

Mbouende v. Gonzales
U.S. Court of Appeals for the Fourth Circuit · Decided March 28, 2005 · Williams, Michael, Duncan
124 F. App'x 199

Mbouende v. Gonzales

Opinion

PER CURIAM:

Christian T. Mbouende, a native and citizen of Cameroon, petitions for review of an order of the Board of Immigration Appeals (“Board”) denying his motion to reopen immigration proceedings. 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 C.F.R. § 1003.2(c)(2) (2004); INS v. Doherty, 502 U.S. 314, 323-24, 112 S.Ct. 719, 116 L.Ed.2d 823 (1992). We further find that we lack jurisdiction to review Mbouende’s claim that the Board should have exercised its sua sponte power to reopen his proceedings. Enriquez-Alvarado v. Ashcroft, 371 F.3d 246, 249-50 (5th Cir. 2004); Belay-Gebru v. INS, 327 F.3d 998, 1000-01 (10th Cir. 2003); Calle-Vujiles v. Ashcroft, 320 F.3d 472, 474-75 (3d Cir. 2003); Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir. 2002); Luis v. INS, 196 F.3d 36, 40-41 (1st Cir. 1999).

Accordingly, we deny the petition for review. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials be *200 fore the court and argument would not aid the decisional process.

PETITION DENIED

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