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MOSERE v. MUKASEY

No. 08-1241.

552 F.3d 397 (2009)

Hawa MOSERE, Petitioner, v. Michael B. MUKASEY, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: January 12, 2009.

Attorney(s) appearing for the Case

ARGUED: David Christopher Drake, Johnson & Associates, P.C., Arlington, Virginia, for Petitioner. Kevin James Conway, United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Randall L. Johnson, Johnson & Associates, P.C., Arlington, Virginia, for Petitioner. Gregory G. Katsas, Acting Assistant Attorney General, Richard M. Evans, Assistant Director, Virginia Lum, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.

Petition denied in part and dismissed in part by published opinion. Chief Judge WILLIAMS wrote the opinion, in which Judge MICHAEL and Judge COPENHAVER joined.

OPINION

WILLIAMS, Chief Judge:

Hawa Fatmatta Mosere, a native and citizen of Sierra Leone, appeals the decision of the Board of Immigration Appeals ("BIA") denying her motion to reopen as untimely and declining to exercise its power to reopen sua sponte. Because Mosere filed her petition more than eleven years after entry of the order granting her voluntary departure, we find that the BIA did not abuse its discretion in rejecting her motion to reopen...

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