Maria Santos-Neta v. Eric Holder, Jr., No. 14-1892 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1892 MARIA DA CONCEICAO SANTOS-NETA, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: October 7, 2014 Decided: October 16, 2014 Before NIEMEYER, KEENAN, and DIAZ, Circuit Judges. Petition denied in part and dismissed in part by unpublished per curiam opinion. Maria Da Conceicao Santos-Neta, Petitioner Pro Se. Joyce Branda, Jem Colleen Sponzo, Margaret Kuehne Taylor, 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 Unpublished opinions are not binding precedent in this circuit.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: Maria Da Conceicao Santos-Neta, a native and citizen of Brazil, petitions for review of an order of the Board of Immigration Appeals ( Board ) denying her motion to reopen or reconsider. We have reviewed the administrative record and the Board s order and conclude that the Board did not abuse its discretion in denying the motion as untimely C.F.R. § 1003.2(b)(2), (c)(2) (2014). filed. See 8 We therefore deny the petition for review in part for the reasons stated by the Board. See In re: Santos-Neta (B.I.A. Aug. 7, 2014). We lack jurisdiction to review the Board s refusal to 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). 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 this 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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