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

Wiles v. Gonzales

Wiles v. Gonzales
U.S. Court of Appeals for the Fourth Circuit · Decided May 31, 2005 · Williams, King, Gregory
132 F. App'x 494

Wiles v. Gonzales

Opinion

PER CURIAM:

Beatrice V. Wiles, a native and citizen of Liberia, petitions for review of an order of the Board of Immigration Appeals (“Board”) denying her motion to reopen. We deny the petition for review.

Insofar as Wiles challenges the Board’s decision not to sua sponte reopen her case, we find we are without jurisdiction. See 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). The Board also noted Wiles’ motion to reopen was untimely as it was filed almost seven years after the Board closed the case. In her opening brief to this court, Wiles does not challenge that finding. Accordingly, we decline to review that decision. See United States v. Alr-Hamdi, 356 F.3d 564, 571 n. 8 (4th Cir. 2004); Edwards v. City of Goldsboro, 178 F.3d 231, 241 n. 6 (4th Cir. 1999).

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

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