Guan Ye v. Michael Mukasey, No. 08-1098 (4th Cir. 2008)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-1098 GUAN EN YE, Petitioner, v. MICHAEL B. MUKASEY, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: July 16, 2008 Decided: July 30, 2008 Before MICHAEL and SHEDD, Circuit Judges, and WILKINS, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Romben Aquino, FERRO & CUCCIA, New York, New York, for Petitioner. Gregory G. Katsas, Acting Assistant Attorney General, M. Jocelyn Lopez Wright, Assistant Director, Mona Maria Yousif, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Guan En Ye, a native and citizen of the People s Republic of China, petitions for review of an order of the Board of Immigration Appeals ( Board ) denying to sua sponte reopen his removal proceedings. We lack jurisdiction to review the Board s discretionary authority to sua sponte reopen proceedings. See Tamenut v. Mukasey, 521 F.3d 1000, 1004 (8th Cir. 2008) (collecting cases). 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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