United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 20, 2004
Charles R. Fulbruge III
Clerk
No. 03-60640
Conference Calendar
WALTER ALFREDO LOPEZ-GONZALEZ,
Petitioner,
versus
JOHN ASHCROFT, U.S. ATTORNEY GENERAL,
Respondent.
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Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A28 284 678
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Before JOLLY, JONES, and SMITH, Circuit Judges.
PER CURIAM:*
Walter Alfredo Lopez-Gonzalez (“Lopez”) petitions for review
of the final order of the Board of Immigration Appeals (“BIA”)
dismissing his appeal from the decision of the immigration judge
denying his motion to reopen his deportation proceedings for
failure to file a timely notice of appeal. Lopez argues that he
is entitled to an adjustment of status to lawful permanent
resident alien and that this court has jurisdiction over his
claims pursuant to 28 U.S.C. § 2241.
*
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that this opinion should not be published and is not precedent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. 03-60640
-2-
As Lopez did not properly raise his claims before the BIA
and exhaustion is statutorily mandated, this court does not have
jurisdiction over the present petition. See Wang v. Ashcroft,
260 F.3d 448, 452 (5th Cir. 2001); see also 8 U.S.C. § 1105a(c)
(1994). As Lopez has not filed a 28 U.S.C. § 2241 petition for
writ of habeas corpus, this court does not have jurisdiction
pursuant to that statute. Accordingly, the petition for review
is DISMISSED for lack of jurisdiction.