UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1641
JING NONG CAO,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A70-310-939)
Submitted: December 12, 2005 Decided: January 17, 2006
Before WILLIAMS, GREGORY, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Gary J. Yerman, New York, New York, for Petitioner. Peter D.
Keisler, Assistant Attorney General, M. Jocelyn Lopez Wright,
Assistant Director, Song E. Park, OFFICE OF IMMIGRATION LITIGATION,
Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jing Nong Cao, a native and citizen of the People’s
Republic of China, petitions for review of an order of the Board of
Immigration Appeals (“Board”) denying his motion to reopen his
immigration proceedings.
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) (2005). We further find that
we lack jurisdiction to review Cao’s claim that the Board should
have exercised its sua sponte power to reopen his deportation
proceedings. See Harchenko v. INS, 379 F.3d 405, 410-11 (6th Cir.
2004); 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
- 2 -