Vazquez-Barron v. Holder, No. 08-60181 (5th Cir. 2009)

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 08-60181 Summary Calendar March 18, 2009 Charles R. Fulbruge III Clerk ISRAEL VASQUEZ-BARRON, also known as Israel Vasquez Petitioner v. ERIC H HOLDER, JR, U S ATTORNEY GENERAL Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA No. A35 509 590 Before JOLLY, BENAVIDES, and HAYNES, Circuit Judges. PER CURIAM:* Israel Vasquez-Barron (Vasquez) petitions this court for review of the refusal by the Board of Immigration Appeals (BIA) to reopen his removal proceedings sua sponte. Vasquez challenges the BIA s determination that it lacked jurisdiction to reopen the proceedings because Vasquez had already been deported. Vasquez s attempt to have his removal proceedings reopened is foreclosed by Navarro-Miranda v. Ashcroft, 330 F.3d 672, 675-76 (5th Cir. 2003), * Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR. R. 47.5.4. No. 08-60181 where we upheld the BIA s interpretation of 8 C.F.R. § 1003.2(d) (formerly 8 C.F.R. § 3.2(d)) as removing the BIA s jurisdiction to reopen the removal proceedings of a deported alien. In any event, Vasquez s underlying claim based on INS v. St. Cyr, 533 U.S. 289 (2001), was untimely. See 8 C.F.R. § 1003.44(h). The petition for review is DENIED. 2

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