Mengistu Taye v. Dana Boente , 677 F. App'x 836 ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-2079
MENGISTU TAYE,
Petitioner,
v.
DANA JAMES BOENTE, Acting Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: January 31, 2017 Decided: February 2, 2017
Before WILKINSON, KEENAN, and THACKER, Circuit Judges.
Petition denied in part, dismissed in part by unpublished per
curiam opinion.
Mengistu Taye, Petitioner Pro Se. Benjamin C. Mizer, Principal
Deputy Assistant Attorney General, Jessica Eden Burns, Jane Tracey
Schaffner, Claire L. Workman, 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Unpublished opinions are not binding precedent in this circuit.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:
Mengistu Taye, a native and citizen of Ethiopia, petitions
for review of an order of the Board of Immigration Appeals (Board)
denying his motion to reopen. We have reviewed the administrative
record and the Board’s order and conclude that the Board did not
abuse its discretion in denying the motion as untimely and number-
barred. See 8 C.F.R. § 1003.2(c)(2) (2016). We therefore deny
the petition for review in part for the reasons stated by the
Board. See In re Taye (B.I.A. Sept. 7, 2016). 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 Mosere v. Mukasey, 552 F.3d 397, 400-01 (4th Cir.
2009).
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
this court and argument would not aid the decisional process.
PETITION DENIED IN PART;
DISMISSED IN PART
2