Kierewicz v. Mukasey, No. 06-60330 (5th Cir. 2008)
Annotate this Case
Download PDF
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 06-60330 Summary Calendar July 22, 2008 Charles R. Fulbruge III Clerk ZYGMUNT KIEREWICZ Petitioner v. MICHAEL B MUKASEY, U S ATTORNEY GENERAL Respondent Petitions for Review of an Order of the Board of Immigration Appeals BIA No. A19 241 220 Before JOLLY, DENNIS, and PRADO, Circuit Judges. PER CURIAM:* Zygmunt Kierewich, a native and citizen of Poland, filed a petition for review of the Board of Immigration Appeals (BIA) denial of his August 16, 2006, motion to reopen removal proceedings. The BIA determined, among other things, that the motion was untimely under 8 U.S.C. § 1229a(c)(7) and 8 C.F.R. § 1003.2(c). * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-60330 This court cannot undertake review of an agency s discretionary determination where there is no meaningful standard against which to judge the agency s exercise of discretion. Heckler v. Chaney, 470 U.S. 821, 830 (1985). There are no guidelines directing the BIA s decision whether to reconsider on its own motion. See 8 C.F.R. § 1003.2(a). Therefore, this court has no jurisdiction to review the BIA s decision to deny Kierewicz s untimely motion to reopen. See Enriquez-Alvarado v. Ashcroft, 371 F.3d 246, 249-50 (5th Cir. 2004) (concluding that appellate courts were precluded from reviewing an immigration judge s denial of an untimely motion to reopen). Accordingly, Kierewicz s petition for review is DENIED. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
