Huang, et al v. Gonzales

Filing 920070802

Opinion

United States Court of Appeals Fifth Circuit

F I L E D
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT August 2, 2007 Charles R. Fulbruge III Clerk No. 06-60325 Summary Calendar JIAHUA HUANG; HUAN HUANG, Petitioners, versus ALBERTO R. GONZALES, U. S. ATTORNEY GENERAL, Respondent. -------------------Petition for Review of an Order of the Board of Immigration Appeals BIA No. A79 512 845 BIA No. A79 512 844 -------------------Before DAVIS, BARKSDALE and BENAVIDES, Circuit Judges. PER CURIAM:* Jiahua Huang and his son, Huan Huang, petition for review of the Board of Immigration Appeals' dismissal of their appeal of the Immigration Judge's order pretermitting their applications for adjustment of status. The Huangs argue that their motion to

reopen proceedings vacated the prior order that they voluntarily depart by a certain date. This argument lacks merit. Banda-

Ortiz v. Gonzales, 445 F.3d 387 (5th Cir. 2006), cert. denied, 127 S. Ct. 1874 (2007). The Huangs argue that the BIA's order

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-60325 -2reopening proceedings was an implicit holding that they were statutorily eligible for adjustment of status and that this comprises the "law of the case." This argument is without merit.

The referenced order expressly afforded both parties the opportunity to present evidence regarding the Huangs' statutory and discretionary eligibility for adjustment of status. There

was no finding, implicit or otherwise, that the Huangs were statutorily eligible for adjustment of status. PETITION DENIED.