Ogelsby v. Gonzales, No. 05-60225 (5th Cir. 2006)

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United States Court of Appeals Fifth Circuit IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT F I L E D May 16, 2006 Charles R. Fulbruge III Clerk No. 05-60225 Summary Calendar RUBEN ABASTILLAS OGELSBY, Petitioner, versus ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL, Respondent. -------------------Petition for Review of an Order of the Board of Immigration Appeals BIA No. A72 027 343 -------------------Before JONES, Chief Judge, and DeMOSS and PRADO, Circuit Judges. PER CURIAM:* Ruben Abastillas Ogelsby petitions for review of an order of the Board of Immigration Appeals (BIA). The BIA determined that Ogelsby was removable from the United States because he was an alien who had committed an aggravated felony. that the Immigration and Nationalization Ogelsby maintains Service (INS) was equitably estopped from denying him citizenship because the actions of an INS clerk prevented him from obtaining citizenship. We lack jurisdiction to review the BIA s determination that an alien is deportable because he has committed an aggravated felony. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. See 8 U.S.C. § 1252(a)(2)(C). Ogelsby does not dispute the BIA s determination that he has committed an aggravated felony, and his equitable estoppel claim attacking the BIA s finding that he is an alien fails. See Moosa v. INS, 171 F.3d 994, 1003 (5th Cir. 1999). Consequently, Ogelsby s petition for review is DISMISSED FOR WANT OF JURISDICTION. 2

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