UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-2352
EL HADJI SALL; ANTA MBAYE DIAGNE,
Petitioners,
versus
JOHN ASHCROFT, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A95-226-098)
Submitted: August 6, 2004 Decided: August 23, 2004
Before MICHAEL and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition dismissed by unpublished per curiam opinion.
Bokwe G. Mofor, Silver Spring, Maryland, for Petitioners. Peter D.
Keisler, Assistant Attorney General, Linda S. Wendtland, Assistant
Director, Luis E. Perez, Office of Immigration Litigation, UNITED
STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
El Hadji Sall and his wife, Anta Mbaye Diagne, natives
and citizens of Senegal, petition for review of an order of the
Board of Immigration Appeals denying their motion to reconsider its
denial of their application for asylum. We dismiss the petition
for lack of jurisdiction.
Petitioners first challenge the Immigration Judge’s (IJ)
finding that their asylum application is untimely. See 8 U.S.C.
§ 1158(a)(2)(B) (2000); 8 C.F.R. § 1208.4(a) (2004). We conclude
we lack jurisdiction to review this claim. See 8 U.S.C.
§ 1158(a)(3) (2000). Petitioners next dispute the IJ’s finding
that they failed to qualify for withholding of removal and
protection under the Convention Against Torture. We have reviewed
the administrative record and conclude that petitioners did not
properly exhaust this claim because they failed to raise it in
their motion for reconsideration. See 8 U.S.C. § 1252(d)(1)
(2000); Asika v. Ashcroft, 362 F.3d 264, 267 n.3 (4th Cir. 2004).
We accordingly dismiss 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 DISMISSED
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