Mbouende v. Gonzales (4th Cir. 2005)

Federal Circuits, 4th Cir. (March 28, 2005)

Docket number: 04-1458

Permanent Link: http://vlex.com/vid/mbouende-v-gonzales-19644485
Id. vLex: VLEX-19644485

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U.S. Court of Appeals for the 5th Cir. - Jose Mario Enriquez-Alvarado, Petitioner, v. John Ashcroft, United States Attorney General, Respondent., 371 F.3d 246 (5th Cir. 2004)

U.S. Court of Appeals for the 9th Cir. - Tigran Ekimian; Rouzan Nagapetian; Avetis Hekimian, Petitioners, v. Immigration and Naturalization Service, Respondent., 303 F.3d 1153 (9th Cir. 2002)

Code of Federal Regulations - Title 8: Aliens and Nationality - 8 CFR 1003.2 - Reopening or reconsideration before the Board of Immigration Appeals.

U.S. Court of Appeals for the 3rd Cir. - Efrain Modesto Calle-Vujiles, Petitioner v. John Ashcroft, Attorney General of the United States, Respondent, 320 F.3d 472 (3rd Cir. 2003)

U.S. Supreme Court - INS v. Doherty, 502 U.S. 314 (1992)

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Text:

UNPUBLISHED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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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