IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-60248
Summary Calendar
JORGE GUADALUPE ELIZONDO-GARZA,
Petitioner,
versus
IMMIGRATION AND NATURALIZATION SERVICE,
Respondent.
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Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A36 596 086
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August 5, 1999
Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges.
PER CURIAM:*
Jorge Guadalupe Elizondo-Garza petitions this court to
review the denial of his second motion to reopen his deportation
proceeding, wherein he was deemed deportable for having been
previously convicted of a drug offense and ineligible for a
waiver of deportation. Elizondo’s second motion to reopen was
denied by the Board of Immigration Appeals (BIA) based upon
section 440(d) of the Antiterrorism and Effective Death Penalty
Act. Elizondo has also sought habeas relief through a petition
*
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that this opinion should not be published and is not precedent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. 97-60248
-2-
filed in the district court, the appeal from which is pending
before this court in another case.
This court does not have jurisdiction to review the BIA’s
denial of Elizondo’s motion to reopen. See Lerma de Garcia v.
I.N.S., 141 F.3d 215, 216-17 (5th Cir. 1998). The Immigration
and Naturalization Service’s motion to dismiss for lack of
jurisdiction is therefore GRANTED, and Elizondo’s petition for
review of that decision is accordingly DISMISSED.
Elizondo’s request in his brief to stay the review of his
petition challenging the BIA’s denial of his second motion to
reopen his deportation proceeding is DENIED.