Kalu v. Mukasey ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-1530
DANIEL OKORIE KALU,
Petitioner,
versus
MICHAEL B. MUKASEY, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A72-166-563)
Submitted: January 16, 2008 Decided: January 29, 2008
Before NIEMEYER and TRAXLER, Circuit Judges, and WILKINS, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Eric Nwaubani, Lloyd F. Ukwu, UKWU & ASSOCIATES, CHARTERED,
Washington, D.C., for Petitioner. Peter D. Keisler, Assistant
Attorney General, M. Jocelyn Lopez Wright, Assistant Director,
Brianne Whelan Cohen, 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Unpublished opinions are not binding precedent in this circuit.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:
Daniel Okorie Kalu, a native and citizen of Nigeria,
petitions for review of an order of the Board of Immigration
Appeals (“Board”) denying his motion to reopen his immigration
proceedings.
Based on our review of the record, we find that the Board
did not abuse its discretion in denying the motion as untimely
filed. See 8 C.F.R. § 1003.2(c)(2) (2007). We further find that
we lack jurisdiction to review Kalu’s claim that the Board should
have exercised its sua sponte power to reopen his removal
proceedings. Ali v. Gonzales, 448 F.3d 515, 518 (2d Cir. 2006)
(collecting cases). Finally, we find no merit to Kalu’s argument
that the Board failed to provide a reasoned basis for its decision.
We therefore deny the petition for review. We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before the court and argument would not
aid the decisional process.
PETITION DENIED
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