Calister Simangwi v. Eric Holder, Jr., No. 13-1483 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1483 CALISTER SIMANGWI, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: February 4, 2014 Decided: February 12, 2014 Before SHEDD and FLOYD, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied in part and dismissed in part by unpublished per curiam opinion. Ronald D. Richey, LAW OFFICE OF RONALD D. RICHEY, Rockville, Maryland, for Petitioner. Stuart F. Delery, Assistant Attorney General, Song Park, Senior Litigation Counsel, Joseph A. O Connell, 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 Unpublished opinions are not binding precedent in this circuit.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: Calister Simangwi, a native and citizen of Cameroon, petitions for review of an order of the Board of Immigration Appeals ( Board ) denying her motion to reopen. We have reviewed the administrative record and the Board s order and find that the Board did not abuse its discretion in denying the motion to reopen as untimely and number-barred. See 8 C.F.R. § 1003.2(c)(2) petition (2013). We therefore deny the review in part for the reasons stated by the Board. Simangwi (B.I.A. Mar. 13, 2013). the Board s refusal to for See In re: We lack jurisdiction to review exercise its sua sponte authority to reopen and therefore dismiss this portion of the petition for review. See Mosere v. Mukasey, 552 F.3d 397, 400-01 (4th Cir. 2009). We dispense with oral argument because the facts and legal before contentions this court are adequately and argument presented would not in aid the the materials decisional process. PETITION DENIED IN PART AND DISMISSED IN PART 2

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