Maria Santos-Neta v. Eric Holder, Jr.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-1892
MARIA DA CONCEICAO SANTOS-NETA,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: October 7, 2014 Decided: October 16, 2014
Before NIEMEYER, KEENAN, and DIAZ, Circuit Judges.
Petition denied in part and dismissed in part by unpublished per
curiam opinion.
Maria Da Conceicao Santos-Neta, Petitioner Pro Se. Joyce
Branda, Jem Colleen Sponzo, Margaret Kuehne Taylor, 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Unpublished opinions are not binding precedent in this circuit.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:
Maria Da Conceicao Santos-Neta, a native and citizen
of Brazil, petitions for review of an order of the Board of
Immigration Appeals (“Board”) denying her motion to reopen or
reconsider. We have reviewed the administrative record and the
Board’s order and conclude that the Board did not abuse its
discretion in denying the motion as untimely filed. See 8
C.F.R. § 1003.2(b)(2), (c)(2) (2014). We therefore deny the
petition for review in part for the reasons stated by the Board.
See In re: Santos-Neta (B.I.A. Aug. 7, 2014). 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 Mosere v. Mukasey, 552 F.3d 397,
400-01 (4th Cir. 2009).
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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