U.S. Court of Appeals for the Fourth Circuit, 2006

Pierre v. Gonzales

Pierre v. Gonzales
U.S. Court of Appeals for the Fourth Circuit · Decided January 17, 2006 · Niemeyer, Williams, Duncan
161 F. App'x 324

Pierre v. Gonzales

Opinion

PER CURIAM:

Phanel Pierre, a native and citizen of Haiti, petitions for review of an order of the Board of Immigration Appeals (“Board”) denying his motion to reconsider its previous order affirming, without opinion, the immigration judge’s denial of asylum, withholding of removal, and protection under the Convention Against Torture.

Based on our review of the record, we find that the Board did not abuse its discretion in denying the motion as untimely filed. See 8 C.F.R. § 1003.2(b)(2) (2005). We further find that we lack jurisdiction to review Pierre’s claim that the Board should have exercised its sua sponte power to reconsider or reopen his removal proceedings. See Harchenko v. INS, 379 F.3d 405, 410-11 (6th Cir. 2004); 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 before the court and argument would not aid the decisional process.

PETITION DENIED

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