Carol Fitzgerald v. Eric Holder, Jr.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1094
CAROL FITZGERALD,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: June 19, 2012 Decided: June 25, 2012
Before DUNCAN, AGEE, and THACKER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Randall L. Johnson, JOHNSON & ASSOCIATES, P.C., Arlington,
Virginia, for Petitioner. Stuart F. Delery, Acting Assistant
Attorney General, Shelley R. Goad, Assistant Director, Jennifer
P. Levings, 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Unpublished opinions are not binding precedent in this circuit.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:
Carol Fitzgerald, a native and citizen of Nigeria,
petitions for review of an order of the Board of Immigration
Appeals (“Board”) denying her motion to reconsider and to
reopen. Because Fitzgerald fails to raise any arguments that
meaningfully challenge the propriety of the Board’s denial of
her motion in the argument section of her brief, we find that
she has failed to preserve any issues for review. See Fed. R.
App. P. 28(a)(9)(A) (“[T]he argument . . . must contain . . .
appellant’s contentions and the reasons for them, with citations
to the authorities and parts of the record on which the
appellant relies.”); Edwards v. City of Goldsboro, 178 F.3d 231,
241 n.6 (4th Cir. 1999) (“Failure to comply with the specific
dictates of [Rule 28] with respect to a particular claim
triggers abandonment of that claim on appeal.”). Accordingly,
we deny the petition for review for the reasons stated by the
Board. See In re: Fitzgerald (B.I.A. Dec. 28, 2011). * 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
*
We lack jurisdiction to review the Board’s refusal to
exercise its authority to sua sponte reopen proceedings. See
Mosere v. Mukasey, 552 F.3d 397, 400-01 (4th Cir. 2009).
2