Abrego-Delgado v. Ashcroft

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT January 28, 2004 Charles R. Fulbruge III Clerk No. 02-61053 Summary Calendar LUIS GERARDO ABREGO-DELGADO, Petitioner, versus JOHN ASHCROFT, U.S. ATTORNEY GENERAL, Respondent. -------------------- Petition for Review of an Order of the Board of Immigration Appeals BIA No. A20-694-915 -------------------- Before HIGGINBOTHAM, DAVIS, and PRADO, Circuit Judges. PER CURIAM:* Luis Gerardo Abrego-Delgado has filed a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen his removal proceedings. Because Abrego departed the United States after the issuance of the deportation order, and because he has failed to show that his deportation order was a gross miscarriage of justice, we lack jurisdiction and the petition must be denied. See 8 U.S.C. § 1105a(c) (1994); 8 C.F.R. § 3.2(d) * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-61053 -2- (2003); Navarro-Miranda v. Ashcroft, 330 F.3d 672, 676 (5th Cir. 2003); Lara v. Trominski, 216 F.3d 487, 492 (5th Cir. 2000). DENIED.