Kokou Tougnon v. Eric Holder, Jr. , 521 F. App'x 274 ( 2013 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1104
KOKOU MAGBEDE TOUGNON,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: May 15, 2013 Decided: May 30, 2013
Before NIEMEYER, MOTZ, and SHEDD, Circuit Judges.
Petition denied in part and dismissed in part by unpublished per
curiam opinion.
Kokou Magbede Tougnon, Petitioner Pro Se. Edward Earl Wiggers,
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Unpublished opinions are not binding precedent in this circuit.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:
Kokou Magbede Tougnon, a native and citizen of Togo,
petitions for review of an order of the Board of Immigration
Appeals (Board) denying his motion to reopen as untimely and
numerically barred. We have reviewed the administrative record
and Tougnon’s contentions, and conclude that the Board did not
abuse its discretion in denying the motion. See 8 C.F.R.
§ 1003.2(a) (2013). We accordingly deny the petition for review
in part for the reasons stated by the Board. See In re: Tougnon
(B.I.A. Dec. 28, 2012). We further find that we do not have
jurisdiction to review Tougnon’s claim that the Board abused its
discretion in declining to reopen his removal proceedings sua
sponte. See Mosere v. Mukasey, 552 F.3d 397, 400-01 (4th Cir.
2009). We therefore dismiss the petition for review in part
with respect to this claim.
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
AND DISMISSED IN PART
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