MAIKIDO v. SESSIONS III (2018)

Salamatou Issaka Maikido, a native and citizen of Niger, petitions for review of an order of the Board of Immigration Appeals (Board) dismissing her appeal from the immigration judge’s decision denying Maikido’s motion to reopen her removal proceedings. We have reviewed the Board’s order, in conjunction with the administrative record, and conclude that the Board did not abuse its discretion in ruling that the motion was both number- and time-barred, see 8 C.F.R. § 1003.2(c)(2), or in agreeing that Maikido failed to substantially comply with the requirements of In re Lozada, 19 I. & N. Dec. 637 (B.I.A. 1988). See Barry v. Gonzales, 445 F.3d 741, 745–47 (4th Cir. 2006). We therefore deny the petition for review in part for the reasons stated by the Board. See In re Maikido (B.I.A. Oct. 25, 2017).

Maikido also challenges the agency’s refusal to exercise its authority to reopen her proceedings sua sponte. We lack jurisdiction to review how the agency exercises its sua sponte discretion. See Lawrence v. Lynch, 826 F.3d 198, 206–07 (4th Cir. 2016); Mosere v. Mukasey, 552 F.3d 397, 398–99 (4th Cir. 2009). We therefore dismiss the petition for review in part. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

PETITION DENIED IN PART; DISMISSED IN PART

PER CURIAM:

Petition denied in part and dismissed in part by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.