Jose Argueta-Iglesias v. Eric Holder, Jr.
UNPUBLISHED OPINION FILED. [11-60083 Dismissed for lack of Jurisdiction] Judge: EHJ , Judge: ECP , Judge: JWE Mandate pull date is 12/27/2011 [11-60083]
Date Filed: 11/04/2011
IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
November 4, 2011
Lyle W. Cayce
JOSE LUIS ARGUETA-IGLESIAS,
ERIC HOLDER, JR., U.S. ATTORNEY GENERAL,
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A024 810 629
Before JONES, Chief Judge, and PRADO and ELROD, Circuit Judges.
Jose Luis Argueta-Iglesias, a native and citizen of El Salvador who entered
this country in 1982, filed a petition for review on August 30, 2010, seeking to
challenge the Board of Immigration Appeals’s (BIA) May 20, 2010 dismissal of
his appeal from the denial of his application for asylum and withholding of
removal, as well as the BIA’s August 19, 2010 denial of his motion to reopen.
We lack jurisdiction to review the BIA’s May 20, 2010 decision because the
instant petition for review is timely filed only as to the denial of his motion to
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
Date Filed: 11/04/2011
reopen. See 8 U.S.C. § 1252(b)(1). However, the only issue that Argueta
arguably briefs regarding the motion to reopen is whether the BIA erred by
failing to consider the argument that his failure to file his asylum application
within one year of his entering the United States should be excused. The nature
of the argument that Argueta raises in his petition for review is different from
what he presented to the BIA in his motion to reopen. Because he did not raise
this argument before the BIA, it is unexhausted, and we lack jurisdiction to
review this issue. See Omari v. Holder, 562 F.3d 314, 318-19 (5th Cir. 2009).
Although Argueta requests that we consider his asylum application “nunc pro
tunc,” he has not shown any basis for ignoring the jurisdictional and filing
requirements and considering his application almost 28 years after it should
have been filed.
The petition for review is DISMISSED.
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