Lloyd George Maxwell v. ERIC H. HOLDER, JR., Attorney General

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1419
LLOYD GEORGE MAXWELL,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: August 30, 2010 Decided: October 5, 2010
Before WILKINSON, SHEDD, and DUNCAN, Circuit Judges.
Petition denied in part and dismissed in part by unpublished per
curiam opinion.
Lloyd George Maxwell, Petitioner Pro Se. Daniel Eric Goldman,
Senior Litigation Counsel, Eric Warren Marsteller, Office of
Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE,
Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Lloyd George Maxwell, a native and citizen of Jamaica,
petitions for review of an order of the Board of Immigration
Appeals (“Board”) denying his motion to reopen proceedings. 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. See 8 C.F.R. § 1003.2(c)(2)
(2010). We therefore deny the petition for review in part for
the reasons stated by the Board. See In re: Maxwell (B.I.A.
Mar. 23, 2010). 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.), cert.
denied, 130 S. Ct. 137 (2009).
Accordingly, we deny in part and dismiss in part the
petition for review. We deny Maxwell’s motion for stay of
removal. 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 IN PART
AND DISMISSED IN PART

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