Sokhna Kane v. Eric H. Holder, Jr., No. 09-3933 (8th Cir. 2010)

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Court Description: Petition for Review - Immigration. BIA acted within its discretion in denying petitioner's motion to reopen.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 09-3933 ___________ Sokhna Kane, Petitioner, v. Eric H. Holder, Jr., Attorney General of the United States, Respondent. * * * * Petition for Review of * an Order of the Board * of Immigration Appeals. * * [UNPUBLISHED] * * ___________ Submitted: August 13, 2010 Filed: August 25, 2010 ___________ Before WOLLMAN, MELLOY and GRUENDER, Circuit Judges. ___________ PER CURIAM. Mauritanian citizen Sokhna Kane petitions for review of an order of the Board of Immigration Appeals (BIA) that affirmed an immigration judge s denial of her motion to reopen. After careful review, we conclude that the BIA acted within its discretion. See Clifton v. Holder, 598 F.3d 486, 490-91 (8th Cir. 2010) (standard of review); Tamenut v. Mukasey, 521 F.3d 1000, 1001, 1004-05 (8th Cir. 2008) (en banc) (per curiam) (reopening sua sponte); Ghasemimehr v. Gonzales, 427 F.3d 1160, 1162 (8th Cir. 2005) (per curiam) (untimeliness); Hernandez-Moran v. Gonzales, 408 F.3d 496, 499-500 (8th Cir. 2005) (equitable tolling). Accordingly, we deny the petition for review. ______________________________

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