Yeboua v. Mukasey

U.S. Court of Appeals for the Fourth Circuit
Yeboua v. Mukasey, 266 F. App'x 250 (4th Cir. 2008)

Yeboua v. Mukasey

Opinion

PER CURIAM:

Desire Koffi Yeboua, a native and citizen of the Ivory Coast, petitions for review of an order of the Board of Immigration Appeals (“Board”) denying his motion to reopen his immigration proceedings.

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(c)(2) (2007). *251 We further find that we lack jurisdiction to review Yeboua’s claim that the Board should have exercised its sua sponte power to reopen his proceedings. See Ali v. Gonzales, 448 F.3d 515, 518 (2d Cir. 2006) (collecting cases). Accordingly, although we grant Yeboua’s motion to proceed in forma pauperis on appeal, 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.

Reference

Full Case Name
Desire Koffi YEBOUA, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent
Status
Unpublished