Abdu v. Mukasey , 259 F. App'x 598 ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-1309
MONA MOHAMMED ABDU,
Petitioner,
versus
MICHAEL B. MUKASEY, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A95-899-263)
Submitted: December 10, 2007 Decided: December 27, 2007
Before MICHAEL, GREGORY, and SHEDD, Circuit Judges.
Petition denied in part and dismissed in part by unpublished per
curiam opinion.
Israel W. Gobena, GOBENA & DE WALT, Saint Paul, Minnesota, for
Petitioner. Peter D. Keisler, Assistant Attorney General, Shelley
R. Goad, Senior Litigation Counsel, Dalin R. Holyoak, OFFICE OF
IMMIGRATION LITIGATION, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Mona Mohammed Abdu, a native and citizen of Ethiopia,
petitions for review of an order of the Board of Immigration
Appeals (Board) denying as untimely and numerically barred her
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 to reopen. See Barry v.
Gonzales, 445 F.3d 741, 744 (4th Cir. 2006). Further, we lack
jurisdiction to review the Board’s refusal to invoke its sua sponte
authority to reopen proceedings. See Zhao Quon Chen v. Gonzales,
492 F.3d 153, 155 (2d Cir. 2007). 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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