Pierre v. Gonzales (4th Cir. 2006)

Federal Circuits, 4th Cir. (January 17, 2006)

Docket number: 05-1527

Permanent Link: http://vlex.com/vid/pierre-v-gonzales-20092516
Id. vLex: VLEX-20092516

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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. Court of Appeals for the 1st Cir. - Maria Dulce Pena Luis, Petitioner, v. Immigration and Naturalization Service, Respondent., 196 F.3d 36 (1st Cir. 1999)

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Text:

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 05-1527

PHANEL PIERRE,

Petitioner,

versus

ALBERTO R. GONZALES, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration

Appeals. (A76-450-944)

Submitted: December 12, 2005 Decided: January 17, 2006

Before NIEMEYER, WILLIAMS, and DUNCAN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Allan Ebert, LAW OFFICES OF ALLAN EBERT, Washington, D.C., for

Petitioner. Peter D. Keisler, Assistant Attorney General, Mark C.

Walters, Assistant Director, Mary Jane Candaux, Senior Litigation

Counsel, U.S. DEPARTMENT OF JUSTICE, Washington, D.C., for

Respondent.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Phanel Pierre, a native and citizen of Haiti, petitions for review of an order of the Board of Immigration Appeals ("Board") denying his motion to reconsider its previous order affirming, without opinion, the immigration judge's denial of asylum, withholding of removal, and protection under the Convention Against Torture.

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(b)(2) (2005). We further find that we lack jurisdiction to review Pierre's claim that the Board should have exercised its sua sponte power to reconsider or reopen his removal 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