Ortega v. Gonzales

Filing 920060628

Opinion

United States Court of Appeals Fifth Circuit

In the United States Court of Appeals for the Fifth Circuit

F I L E D
June 28, 2006 Charles R. Fulbruge III Clerk

No. 05-60812 Summary Calendar PABLO ROBERTO ORTEGA, Petitioner, v. ALBERTO R. GONZALES, U. S. ATTORNEY GENERAL, Respondent. ญญญญญญญญญญญญญญญญ Petition for Review of an Order of the Board of Immigration Appeals BIA No. A29 867 825 ญญญญญญญญญญญญญญญญ Before JOLLY, DAVIS, and OWEN, Circuit Judges. PER CURIAM:* Pablo Roberto Ortega petitions for review of a decision by the Board of Immigration Appeals (BIA) denying Ortega's motion to reopen his removal proceedings. He argues that the BIA

should have reopened his removal proceedings in order to allow him to pursue relief under ง 212(c) and (h) of the Immigration and Nationality Act (INA).

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

*

No. 05-60812 -2-

This

court

lacks

jurisdiction

to

consider

Ortega's

argument that the BIA should have reopened his case pursuant to the BIA's sua sponte authority. Ashcroft, 371 F.3d 246, 250 (5th See Enriquez-Alvarado v. Cir. 2004). Ortega's

contention that this court has the authority to examine sua sponte whether relief under INA ง 212(c) and (h) is available to Ortega lacks merit. Moreover, Ortega has failed to brief See

any other cognizable issues regarding the BIA's decision.

Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003). Accordingly, Ortega's petition for review of the BIA's decision is DISMISSED AS FRIVOLOUS. See 5TH CIR. R. 42.2.