Beauvais Bellevue v. Michael Mukasey

Filing 920090127

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-1617

BEAUVAIS BELLEVUE, Petitioner, v. MICHAEL B. MUKASEY, Attorney General, Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals.

Submitted:

December 31, 2008

Decided:

January 27, 2009

Before MICHAEL, SHEDD, and DUNCAN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Arnedo S. Valera, LAW OFFICES OF VALERA & ASSOCIATES, Fairfax, Virginia, for Petitioner. Gregory G. Katsas, Assistant Attorney General, William C. Peachey, Assistant Director, Mona Maria Yousif, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Beauvais Bellevue, a native and citizen of Haiti,

petitions for review of an order of the Board of Immigration Appeals denying ("Board") sua sponte affirming reopening the of immigration his removal judge's order and

proceedings

declining to exercise its discretion to do the same.

We lack

jurisdiction to review the Board's discretionary authority to sua sponte reopen proceedings. 525 F.3d 1291, 1292-93 (11th See Lenis v. U.S. Att'y Gen., Cir. 2008) (collecting cases);

Tamenut v. Mukasey, 521 F.3d 1000, 1004 (8th Cir. 2008) (same). Accordingly, we deny the petition for review. oral argument because in the the facts and legal before We dispense with contentions the court are and

adequately

presented

materials

argument would not aid the decisional process.

PETITION DENIED

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