UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1458
CHRISTIAN T. MBOUENDE,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A72-190-414)
Submitted: March 18, 2005 Decided: March 28, 2005
Before WILLIAMS, MICHAEL, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Steffanie J. Lewis, INTERNATIONAL BUSINESS LAW FIRM, Washington,
D.C., for Petitioner. Peter D. Keisler, Assistant Attorney General,
Christopher C. Fuller, Senior Litigation Counsel, Lyle D. Jentzer,
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Unpublished opinions are not binding precedent in this circuit.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:
Christian T. Mbouende, a native and citizen of Cameroon,
petitions for review of an order of the Board of Immigration
Appeals (“Board”) denying his motion to reopen immigration
proceedings. We have reviewed the record and the Board’s order and
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) (2004);
INS v. Doherty, 502 U.S. 314, 323-24 (1992). We further find that
we lack jurisdiction to review Mbouende’s claim that the Board
should have exercised its sua sponte power to reopen his
proceedings. 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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