Diallo v. Holder ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-1901
ABDOULAYE KOUNDARA DIALLO,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: January 28, 2009 Decided: June 8, 2009
Before MICHAEL, KING, and SHEDD, Circuit Judges.
Petition dismissed by unpublished per curiam opinion.
Oti W. Nwosu, THE LAW OFFICE OF OTI W. NWOSU, Arlington,
Virginia, for Petitioner. Gregory G. Katsas, Assistant Attorney
General, Susan Houser, Senior Litigation Counsel, Francis W.
Fraser, Senior Litigation Counsel, 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Unpublished opinions are not binding precedent in this circuit.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:
Abdoulaye Koundara Diallo, a native and citizen of
Guinea, petitions for review of an order of the Board of
Immigration Appeals (“Board”) denying his motion to reconsider
and declining to certify the case to itself pursuant to 8 C.F.R.
§ 1003.1(c) (2008). Because we find that we lack jurisdiction
to review the Board’s refusal to exercise its discretionary
authority to certify the case, we dismiss the petition for
review. See Liadov v. Mukasey, 518 F.3d 1003, 1010-11 (8th Cir.
2008); cf. Mosere v. Mukasey, 552 F.3d 397, 398-99 (4th Cir.
2009) (holding that the court lacks jurisdiction over the
Board’s refusal to exercise its authority to sua sponte reopen
under 8 C.F.R. § 1003.2(a)). 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 DISMISSED
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