Wiles v. Gonzales (4th Cir. 2005)

Federal Circuits, 4th Cir. (May 31, 2005)

Docket number: 04-2008

Permanent Link: http://vlex.com/vid/wiles-v-gonzales-19629181
Id. vLex: VLEX-19629181

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U.S. Court of Appeals for the 4th Cir. - Kenneth R. Edwards, Plaintiff-Appellant, v. City of Goldsboro; Chester Hill, Individually and in His Official Capacity; Richard Slozak, Individually and in His Official Capacity, Defendants-Appellees. Professional Fire Fighters & Paramedics of North Carolina; North Carolina State Lodge of the Fraternal Order of Police; North Carolina Troopers' Association; National Rifle Association, Amici Curiae., 178 F.3d 231 (4th Cir. 1999)

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)

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)

U.S. Court of Appeals for the 10th Cir. - Tsegaw Belay-Gebru, Petitioner, v. Immigration & Naturalization Service, Respondent., 327 F.3d 998 (10th Cir. 2003)

U.S. Court of Appeals for the 4th Cir. - United States of America, Plaintiff-Appellee, v. Ibrahim Ahmed Al-Hamdi, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Ibrahim Ahmed Al-Hamdi, Defendant-Appellant., 356 F.3d 564 (4th Cir. 2004)

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Text:

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 04-2008

BEATRICE V. WILES,

Petitioner,

versus

ALBERTO R. GONZALES, Attorney General,

Respondent.

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

Appeals. (A70-799-675)

Submitted: April 20, 2005 Decided: May 31, 2005

Before WILLIAMS, KING, and GREGORY, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Ephraim Tahir Mella, Philadelphia, Pennsylvania, for Petitioner.

Peter D. Keisler, Assistant Attorney General, David V. Bernal,

Assistant Director, Anthony C. Payne, Office of Immigration

Litigation, 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Unpublished opinions are not binding precedent in this circuit.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: Beatrice V. Wiles, a native and citizen of Liberia, petitions for review of an order of the Board of Immigration Appeals ("Board") denying her motion to reopen. We deny the petition for review.

Insofar as Wiles challenges the Board's decision not to sua sponte reopen her case, we find we are without jurisdiction.

See 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). The Board also noted Wiles' motion to reopen was untimely as it was filed almost seven years after the Board closed the case. In her opening brief to this court, Wiles does not challenge that finding. Accordingly, we decline to review that decision. See United States v. Al-Hamdi, 356 F.3d 564, 571 n.8 (4th Cir. 2004); Edwards v. City of Goldsboro, 178 F.3d 231, 241 n.6 (4th Cir. 1999).

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