UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-2042
RIFAQAT ALI,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: May 7, 2009 Decided: June 4, 2009
Before TRAXLER, KING, and GREGORY, Circuit Judges.
Petition denied in part and dismissed in part by unpublished per
curiam opinion.
Joseph Peter Drennan, Alexandria, Virginia; Paul Shearman Allen,
PAUL SHEARMAN ALLEN & ASSOCIATES, Washington, D.C., for
Petitioner. Michael F. Hertz, Acting Assistant Attorney
General, Daniel E. Goldman, Senior Litigation Counsel, Paul T.
Cygnarowicz, Office of Immigration Litigation, UNITED STATES
DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Rifaqat Ali, a native and citizen of Pakistan,
petitions for review of an order of the Board of Immigration
Appeals (“Board”) denying his motion to reopen. 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. See 8 C.F.R. § 1003.2(c)(2) (2008). We therefore
deny the petition for review in part for the reasons stated by
the Board. See In re: Ali (B.I.A. Sep. 23, 2008). We lack
jurisdiction over Ali’s challenge to the Board’s refusal to
exercise its sua sponte authority to reopen and therefore
dismiss this portion of the petition for review. See Mosere v.
Mukasey, 552 F.3d 397, 400-01 (4th Cir. 2009).
Accordingly, we deny in part and dismiss in part 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 IN PART
AND DISMISSED IN PART
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