Beauvais Bellevue v. Michael Mukasey, No. 08-1617 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-1617 BEAUVAIS BELLEVUE, Petitioner, v. MICHAEL B. MUKASEY, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: December 31, 2008 Decided: January 27, 2009 Before MICHAEL, SHEDD, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Arnedo S. Valera, LAW OFFICES OF VALERA & ASSOCIATES, Fairfax, Virginia, for Petitioner. Gregory G. Katsas, Assistant Attorney General, William C. Peachey, Assistant Director, Mona Maria Yousif, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Beauvais Bellevue, a native and citizen of Haiti, petitions for review of an order of the Board of Immigration Appeals denying ( Board ) sua affirming sponte the reopening of immigration his removal judge s order proceedings declining to exercise its discretion to do the same. and We lack jurisdiction to review the Board s discretionary authority to See Lenis v. U.S. Att y Gen., sua sponte reopen proceedings. 525 F.3d 1291, 1292-93 (11th Cir. 2008) (collecting cases); Tamenut v. Mukasey, 521 F.3d 1000, 1004 (8th Cir. 2008) (same). Accordingly, we deny the petition for review. We dispense with oral contentions argument adequately because presented in the the facts and materials legal before the court are and argument would not aid the decisional process. PETITION DENIED 2

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