Rifaqat Ali v. Eric Holder, Jr., No. 08-2042 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-2042 RIFAQAT ALI, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: May 7, 2009 Decided: June 4, 2009 Before TRAXLER, KING, and GREGORY, Circuit Judges. Petition denied in part and dismissed in part by unpublished per curiam opinion. Joseph Peter Drennan, Alexandria, Virginia; Paul Shearman Allen, PAUL SHEARMAN ALLEN & ASSOCIATES, Washington, D.C., for Petitioner. Michael F. Hertz, Acting Assistant Attorney General, Daniel E. Goldman, Senior Litigation Counsel, Paul T. Cygnarowicz, 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 Unpublished opinions are not binding precedent in this circuit.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: 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 See 8 C.F.R. § 1003.2(c)(2) (2008). untimely. 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). jurisdiction over exercise its Ali s sua sponte challenge to authority the to Board s reopen dismiss this portion of the petition for review. We lack refusal and to therefore See Mosere v. Mukasey, 552 F.3d 397, 400-01 (4th Cir. 2009). Accordingly, we deny in part and dismiss in part the petition for review. facts and materials legal before We dispense with oral argument because the contentions are adequately the and argument court presented would not in the aid the decisional process. PETITION DENIED IN PART AND DISMISSED IN PART 2

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