Lewis v. Holder

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-1920

ELVIS DAVID LEWIS,

Petitioner,

v.

ERIC H. HOLDER, JR., Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals.

Submitted: April 20, 2009 Decided: May 6, 2009

Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Petition dismissed by unpublished per curiam opinion.

Randall L. Johnson, JOHNSON & ASSOCIATES, P.C., Arlington, Virginia, for Petitioner. Michael F. Hertz, Acting Assistant Attorney General, Blair T. O’Connor, Assistant Director, Ari Nazarov, OFFICE OF IMMIGRATION LITIGATION, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Elvis David Lewis, a native and citizen of Grenada,

seeks review of an order of the Board of Immigration Appeals

(Board) declining to exercise its sua sponte authority to grant

Lewis’s third motion to reconsider. We do not have jurisdiction

to review the Board’s decision not to invoke its sua sponte

power to grant relief. See Mosere v. Mukasey, 552 F.3d 397,

400-01 (4th Cir. 2009). We accordingly dismiss 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 DISMISSED