Mbouende v. Gonzales

UNPUBLISHED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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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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