Samuel Duku v. Eric Holder, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: A200-583-402. Copies to all parties and the agency.[999506072]. [14-1747]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-1747

SAMUEL YEBOAH DUKU,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.

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

Submitted:

December 17, 2014

Decided:

January 7, 2015

Before WILKINSON, NIEMEYER, and KEENAN, Circuit Judges.

Petition denied in part and dismissed in part by unpublished per
curiam opinion.

Randall L. Johnson, JOHNSON & ASSOCIATES, P.C., Arlington,
Virginia, for Petitioner.
Joyce R. Branda, Acting Assistant
Attorney General, Shelley R. Goad, Assistant Director, Kristin
Moresi,
Office
of
Immigration
Litigation,
UNITED
STATES
DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Samuel Yeboah Duku, a native and citizen of Ghana,
petitions for review of an order of the Board of Immigration
Appeals (“Board”) dismissing Duku’s appeal from the immigration
judge’s denial of Duku’s motion to reconsider or reopen.

We

have reviewed the administrative record and the Board’s order
and find no abuse of discretion.
(2014).

See 8 C.F.R. § 1003.23(b)(1)

We therefore deny the petition for review in part for

the reasons stated by the Board.

See In re: Duku (B.I.A. June

27, 2014).
We lack jurisdiction to review the Board’s refusal to
exercise

its

sua

sponte

authority

to

reopen

dismiss this portion of the petition for review.

and

therefore

See Mosere v.

Mukasey, 552 F.3d 397, 400-01 (4th Cir. 2009).

We dispense with

oral

contentions

argument

adequately

because

presented

in

the
the

facts

and

materials

legal
before

this

court

are
and

argument would not aid the decisional process.

PETITION DENIED IN PART
AND DISMISSED IN PART

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