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Calister SIMANGWI, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent

United States Court of Appeals for the Fourth Circuit2014-02-12No. No. 13-1483
554 F. App'x 217

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Opinion

majority opinion

Petition denied in part and dismissed in part by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.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) (2013). We therefore deny the petition for review in part for the reasons stated by the Board. See In re: Simangwi (B.I.A. Mar. 13, 2013). 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). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

PETITION DENIED IN PART AND DISMISSED IN PART.