Public-domain · open source
OpenJurist

326 F. App'x 245

Ali v. Holder

U.S. Courts of Appeals

Decided June 4, 2009

This page is marked noindex.

U.S. Courts of Appeals · decided 2009-06-04

Relies on Mosere v. Mukasey

Decided 2009-06-04

¶1 Petition denied in part and dismissed in part by unpublished PER CURIAM opinion.

¶2 Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

¶3 Rifaqat Ali, a native and citizen of Pakistan, petitions for review of an order of the Board of Immigration Appeals (“Board”) denying his motion to reopen. We have reviewed the record and the Board’s order and find that the Board did not abuse its discretion in denying the motion as untimely. See 8 C.F.R. § 1003.2(c)(2) (2008). We therefore deny the petition for review in part for the reasons stated by the Board. See In re: Ali (B.I.A. Sep. 23, 2008). We lack jurisdiction over Ali’s challenge to 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).

¶4 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 the court and argument would not aid the decisional process.

¶5*246 PETITION DENIED IN PART AND DISMISSED IN PART.

/326/fappx/245 · .json · Public domain