Lolito De La Cruz Banano v. Jefferson Sessions III ( 2018 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-1032
LOLITO DE LA CRUZ BANANO,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals.
Submitted: August 14, 2018 Decided: August 16, 2018
Before GREGORY, Chief Judge, and WILKINSON and AGEE, Circuit Judges.
Petition denied in part and dismissed in part by unpublished per curiam opinion.
Lolito De La Cruz Banano, Petitioner Pro Se. James A. Hurley, 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Unpublished opinions are not binding precedent in this circuit.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:
Lolito De La Cruz Banano, a native and citizen of the Philippines, petitions for
review of an order of the Board of Immigration Appeals (Board) denying as untimely his
motion to reopen. 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 De la Cruz
Banano (B.I.A. Dec. 13, 2017), and deny as moot De La Cruz Banano’s motion for stay
of removal pending appeal.
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
AND DISMISSED IN PART
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