Bangura v. Holder , 326 F. App'x 244 ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-2244
ABDUL RAMAN BANGURA,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: April 22, 2009 Decided: June 3, 2009
Before NIEMEYER, DUNCAN, and AGEE, Circuit Judges.
Petition denied in part and dismissed in part by unpublished per
curiam opinion.
Randall L. Johnson, JOHNSON & ASSOCIATES, Arlington, Virginia,
for Petitioner. Michael F. Hertz, Acting Assistant Attorney
General, David V. Bernal, Assistant Director, Colette J.
Winston, 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Unpublished opinions are not binding precedent in this circuit.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:
Abdul Raman Bangura, a native and citizen of Sierra
Leone, petitions for review of an order of the Board of
Immigration Appeals (“Board”) denying his motion to reopen. We
have reviewed the record and the Board’s order and find that the
Board did not abuse its discretion in denying the motion as
untimely. See 8 C.F.R. § 1003.2(c)(2) (2008); Mosere v.
Mukasey, 552 F.3d 397, 400 (4th Cir. 2009) (“[I]t is impossible
for us to say that the BIA abused its discretion in finding
Mosere’s motion [to reopen], filed more than eleven years after
the order of voluntary departure, untimely.”). We therefore
deny the petition in part. We note that we lack jurisdiction
over Bangura’s challenge to the Board’s refusal to exercise its
sua sponte authority to reopen, see id. at 400-01, and therefore
dismiss this portion of the petition for review.
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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