Mwaura v. Mukasey , 261 F. App'x 636 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-1753
DIONISHIAH WANJIRU MWAURA,
Petitioner,
versus
MICHAEL B. MUKASEY, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A96-093-929)
Submitted: January 9, 2008 Decided: January 17, 2008
Before WILKINSON, TRAXLER, and SHEDD, Circuit Judges.
Petition dismissed by unpublished per curiam opinion.
Winston Wen-Hsiung Tsai, Bethesda, Maryland, for Petitioner.
Jeffrey S. Bucholtz, Assistant Attorney General, Barry J.
Pettinato, Assistant Director, Russell J. E. Verby, 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Unpublished opinions are not binding precedent in this circuit.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:
Dionishiah Wanjiru Mwaura, a native and citizen of Kenya,
petitions for review of an order of the Board of Immigration
Appeals (“Board”) denying her motion to reopen her immigration
proceedings as a matter of discretion. Based on our review of the
record, we find we lack jurisdiction to review Mwaura’s claim that
the Board should have exercised its sua sponte power to reopen her
deportation proceedings. See Zhao Quan Chen v. Gonzales, 492 F.3d
153, 155 (2d Cir. 2007); Malty v. Ashcroft, 381 F.3d 942, 945 n.1
(9th Cir. 2004); Harchenko v. INS, 379 F.3d 405, 410-11 (6th Cir.
2004); Enriquez-Alvarado v. Ashcroft, 371 F.3d 246, 249-50 (5th
Cir. 2004); Belay-Gebru v. INS, 327 F.3d 998, 1000-01 (10th Cir.
2003); Calle-Vujiles v. Ashcroft, 320 F.3d 472, 474-75 (3d Cir.
2003); Luis v. INS, 196 F.3d 36, 40-41 (1st Cir. 1999). To the
extent Mwaura attempts to avoid the jurisdictional bar by claiming
a constitutional violation or a question of law, we find the claim
is without merit.
Accordingly, we dismiss the petition for review for lack
of jurisdiction. 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 DISMISSED
- 2 -