Opinion

Kalu v. Mukasey

  • 262 F. App'x 545
Court
Court of Appeals for the Fourth Circuit
Filed
Jan 29, 2008
Status
Published
On the bench
Niemeyer, Traxler, Wilkins
Cited by
0 cases
Authority
More cited than 13.1%

The opinion

PER CURIAM:

Daniel Okorie Kalu, a native and citizen of Nigeria, petitions for review of an order of the Board of Immigration Appeals (“Board”) denying his motion to reopen his immigration proceedings.

Based on our review of the record, we find that the Board did not abuse its discretion in denying the motion as untimely filed. See 8 C.F.R. § 1003.2 (c)(2) (2007). We further find that we lack jurisdiction to review Kalu’s claim that the Board should have exercised its sua sponte power to reopen his removal proceedings. Ali v. Gonzales, 448 F.3d 515, 518 (2d Cir.2006) (collecting cases). Finally, we find no merit to Kalu’s argument that the Board failed to provide a reasoned basis for its decision. We therefore deny the petition for review. 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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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