U.S. Court of Appeals for the Fourth Circuit, 2008

Opesanmi v. Mukasey

Opesanmi v. Mukasey
U.S. Court of Appeals for the Fourth Circuit · Decided April 25, 2008 · Traxler, King, Shedd
275 F. App'x 191

Opesanmi v. Mukasey

Opinion

PER CURIAM:

Obafemi Oluseun Opesanmi, a native and citizen of Nigeria, petitions for review

*192 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). We further find that the Board acted well within its discretion in finding that Opes-anmi was statutorily ineligible for adjustment of status on the ground that he failed to depart the United States within the time period granted for voluntary departure. See 8 U.S.C.A. § 1229c(d)(l)(B) (West 2005 & Supp. 2007). Finally, we lack jurisdiction to review Opesanmi’s claim that the Board should have exercised its sua sponte power to reopen his removal proceedings. See Tamenut v. Mukasey, 521 F.3d 1000 (8th Cir. 2008) (en banc) (collecting cases). We therefore 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.