Filed: May 12, 2010
Latest Update: Feb. 22, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-2072 KOIKOI GUILAVOGUI, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: April 27, 2010 Decided: May 12, 2010 Before WILKINSON, NIEMEYER, and MOTZ, Circuit Judges. Petition denied in part and dismissed in part by unpublished per curiam opinion. Christopher N. Lasch, Michael J. Wishnie, JEROME N. FRANK LEGAL SERVICES ORGANIZAT
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-2072 KOIKOI GUILAVOGUI, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: April 27, 2010 Decided: May 12, 2010 Before WILKINSON, NIEMEYER, and MOTZ, Circuit Judges. Petition denied in part and dismissed in part by unpublished per curiam opinion. Christopher N. Lasch, Michael J. Wishnie, JEROME N. FRANK LEGAL SERVICES ORGANIZATI..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-2072
KOIKOI GUILAVOGUI,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: April 27, 2010 Decided: May 12, 2010
Before WILKINSON, NIEMEYER, and MOTZ, Circuit Judges.
Petition denied in part and dismissed in part by unpublished per
curiam opinion.
Christopher N. Lasch, Michael J. Wishnie, JEROME N. FRANK LEGAL
SERVICES ORGANIZATION, New Haven, Connecticut, for Petitioner.
Tony West, Assistant Attorney General, Thomas B. Fatouros,
Senior Litigation Counsel, Jeffrey R. Meyer, 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Unpublished opinions are not binding precedent in this circuit.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:
Koikoi Guilavogui, a native and citizen of Guinea,
petitions for review of an order of the Board of Immigration
Appeals denying his motion to reopen removal proceedings. We
have reviewed the administrative record and the Board’s order
and find no abuse of discretion in the Board’s decision
declining to grant reopening. See 8 C.F.R. § 1003.2(a), (c)
(2009). We therefore deny the petition for review in part for
the reasons stated by the Board. See In re: Guilavogui (B.I.A.
Sept. 4, 2008). With regard to Guilavogui’s claim that the
Board should have exercised its sua sponte authority to reopen
his removal proceedings, we find that we are without
jurisdiction to review any such determination, and thus dismiss
the petition for review with respect to that claim. 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. We deny Guilavogui’s motion to transfer
the petition for review to the district court, and 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 IN PART
AND DISMISSED IN PART
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