Nken v. Mukasey

U.S. Court of Appeals for the Fourth Circuit

Nken v. Mukasey

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-1633

JEAN MARC NKEN,

Petitioner,

v.

MICHAEL B. MUKASEY, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. (A95-223-548)

Submitted: March 31, 2008 Decided: April 9, 2008

Before WILKINSON, MOTZ, and KING, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Ronald D. Richey, LAW OFFICE OF RONALD D. RICHEY, Rockville, Maryland, for Petitioner. Jeffrey S. Bucholtz, Acting Assistant Attorney General, Michelle G. Latour, Assistant Director, Michele Y. F. Sarko, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Jean Marc Nken, a native and citizen of Cameroon,

petitions for review of an order of the Board of Immigration

Appeals (“Board”) denying his motion to reopen his immigration

proceedings.

We have reviewed the record and conclude the Board did

not abuse its discretion in denying the motion as numerically

barred. 8 U.S.C.A. § 1229a(c)(7)(A), (C) (West 2005 & Supp. 2007);

8 C.F.R. § 1003.2

(c)(2) (2007), invalidated on other grounds,

William v. Gonzales,

499 F.3d 329, 334

(4th Cir. 2007). We further

find that we lack jurisdiction to review Nken’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, 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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Reference

Status
Unpublished