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Samuel Anthony, Jr. v. Merrick Garland
USCA4 Appeal: 22-1111 Doc: 18 Filed: 12/08/2022 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 22-1111
SAMUEL JONATHAN ANTHONY, JR.,
Petitioner,
v.
MERRICK B. GARLAND, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals.
Submitted: November 22, 2022 Decided: December 8, 2022
Before WYNN and HEYTENS, Circuit Judges, and KEENAN, Senior Circuit Judge.
Denied in part, dismissed in part by unpublished per curiam opinion.
ON BRIEF: Sarah T. Gillman, RAPID DEFENSE NETWORK, New York, New York, for Petitioner. Brian Boynton, Principal Deputy Assistant Attorney General, John S. Hogan, Assistant Director, Matthew A. Spurlock, Office of Immigration Litigation, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit. *2 USCA4 Appeal: 22-1111 Doc: 18 Filed: 12/08/2022 Pg: 2 of 2
PER CURIAM:
Samuel Anthony, Jr., a native and citizen of Sierra Leone, petitions for review of an
order of the Board of Immigration Appeals (Board) denying his motion to reopen as
untimely and declining to reopen sua sponte. Upon review, we find no abuse of discretion
in the denial of Anthony’s untimely motion. See Mosere v. Mukasey, 552 F.3d 397, 400
(4th Cir. 2009) (reviewing denial of motion to reopen as untimely for abuse of discretion).
Further, we lack jurisdiction to review the Board’s refusal to exercise its sua sponte
authority to reopen. See Lawrence v. Lynch, 826 F.3d 198, 206 (4th Cir. 2016); Mosere,
552 F.3d at 400-01.
We therefore deny in part, and dismiss in part, Anthony’s petition for review. In
re Anthony (B.I.A. Jan. 11, 2022). 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.