Doh v. Gonzales, No. 05-2314 (4th Cir. 2006)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-2314 WILLIAM KWAME DOH, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A70-675-651) Submitted: July 28, 2006 Decided: August 3, 2006 Before WILKINSON and WILLIAMS, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Randall L. Johnson, JOHNSON & ASSOCIATES, P.C., Arlington, Virginia, for Petitioner. Peter D. Keisler, Assistant Attorney General, M. Jocelyn Lopez Wright, Assistant Director, Diane Kelleher, OFFICE OF IMMIGRATION LITIGATION, Washington, D.C., for Respondent. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: William Kwame Doh, a native and citizen of Ghana, petitions for review of a Board of Immigration Appeals ( Board ) order adopting and affirming the immigration judge s decision denying the motion to reopen. We do not have We deny the petition for review. jurisdiction to review decision not to sua sponte reopen proceedings. 448 F.3d 515, 518 (2d Cir. 2006). the Board s Ali v. Gonzales, In addition, we find the immigration judge did not abuse his discretion in denying the motion to reopen as untimely. See 8 C.F.R. § 1003.23(b)(4)(ii) (2005). Accordingly, we 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 - 2 -

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