United States v. Wesley Running Shield

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 09-2054
___________
Ibrahima Mamadou Balde, *
*
Petitioner, *
* Petition for Review of an Order
v. * of the Board of Immigration
* Appeals.
Eric H. Holder, Jr., Attorney *
General of the United States, * [UNPUBLISHED]
*
Respondent. *
___________
Submitted: March 8, 2010
Filed: May 27, 2010
___________
Before BYE, ARNOLD, and COLLOTON, Circuit Judges.
___________
PER CURIAM.
Ibrahima Mamadou Balde petitions for review of a decision of the Board of
Immigration Appeals (“BIA”) that refused to reopen Balde’s removal proceedings in
response to an untimely motion to reopen filed by Balde. Balde argues that the BIA
should have exercised its sua sponte power to reopen the proceedings, pursuant to 8
C.F.R. § 1003.2(a). The BIA’s decision whether to exercise that power, however, is
committed to agency discretion by law, and therefore unreviewable. Tamenut v.
Mukasey, 521 F.3d 1000, 1005 (8th Cir. 2008) (en banc); see 5 U.S.C. § 701(a)(2).
To the extent that Balde contends separately that the BIA “abused its discretion” by

-- 1 of 2 --

-2-
denying his untimely motion to reopen, the argument is simply another way of
challenging the agency’s refusal to act sua sponte. See Barrie v. Holder, 353 F. App’x
523, 524 (2d Cir. 2009). Accordingly, we deny the petition for review.
______________________________

-- 2 of 2 --