Nunez-Delgado v. Gonzales

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS March 30, 2005 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 04-60244 Summary Calendar ROMAN NUNEZ-DELGADO, Petitioner, versus ALBERTO R. GONZALEZ, U.S. ATTORNEY, Respondent. Petition for Review from an Order of the Board of Immigration Appeals (BIA No.A78-273-421) _______________________________________________________ Before REAVLEY, JOLLY, HIGGINBOTHAM, Circuit Judges. PER CURIAM:* Petitioner claims that the Immigration Judge failed to provide a separate written or oral decision regarding the issue of whether he falsely represented himself as a United States citizen for the purpose or benefit of obtaining employment, registering to vote, * 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. voting in an election, obtaining a driver’s license, and attempting to evade detection and apprehension; however, Petitioner failed to raise the issue in his appeal to the Board of Immigration Appeals. Thus, this court lacks jurisdiction to consider this issue. See Wang v. Ashcroft, 260 F.3d 448, 452-53 (5th Cir. 2001). DISMISSED. 2