Seny Ane v. Matthew Whitaker ( 2019 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-1702
SENY ANE,
Petitioner,
v.
MATTHEW G. WHITAKER, Acting Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals.
Submitted: December 12, 2018 Decided: January 3, 2019
Before NIEMEYER, DIAZ, and FLOYD, Circuit Judges.
Petition denied in part, dismissed in part by unpublished per curiam opinion.
Melissa J. Mitchell, LAW OFFICES OF PAUL A. SUHR, PLLC, Raleigh, North Carolina,
for Petitioner. Joseph H. Hunt, Assistant Attorney General, Terri J. Scadron, Assistant
Director, Greg D. Mack, 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Unpublished opinions are not binding precedent in this circuit.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:
Seny Ane, a native and citizen of Senegal, petitions for review of an order of the
Board of Immigration Appeals (Board) denying his motion to reopen as untimely. We
have reviewed the administrative record and the Board’s order and find no abuse of
discretion. See 8 C.F.R. § 1003.2(a), (c)(2) (2018). We therefore deny the petition for
review in part for the reasons stated by the Board. See In re Ane (B.I.A. May 29, 2018).
We lack jurisdiction to review the Board’s refusal to exercise its sua sponte authority
to reopen and, therefore, dismiss this portion of the petition for review. See Lawrence v.
Lynch, 826 F.3d 198, 206-07 (4th Cir. 2016); Mosere v. Mukasey, 552 F.3d 397, 400-01
(4th Cir. 2009) (collecting cases). We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials before this court and argument
would not aid the decisional process.
PETITION DENIED IN PART,
DISMISSED IN PART
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