United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 6, 2006
Charles R. Fulbruge III
Clerk
No. 05-60221
Summary Calendar
KARESH KUMAR,
Petitioner,
versus
ALBERTO R. GONZALES,
U.S. Attorney General,
Respondent.
Petition for Review of an Order of the
Board of Immigration Appeals
A72 373 116
Before REAVLEY, DAVIS and PRADO, Circuit Judges.
PER CURIAM:*
We deny the petition for review for the following reasons:
1. Kumar seeks to take advantage of 8 U.S.C. § 1255(i) as a
beneficiary of his spouse’s petition for classification. The
statute requires that this petition must have been filed on or
before April 30, 2001.
*
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this opinion should not be published and is not precedent except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.
2. The spouse did file a visa petition on behalf of Kumar
in 1997, and he filed a simultaneous application for adjustment
of status. The lack of good faith of the marriage was fully
developed in that proceeding, and eligibility for the visa was
denied by the Immigration Judge on April 26, 2000 and then by the
Board by February 19, 2002.
3. By that decision it was determined that the 1997
petition failed and Kumar could not change status.
4. We have no explanation why the INS acted on another
petition filed by the spouse on December 17, 2001 and approved on
January 9, 2003. However, because it was filed after April 30,
2001, it affords no help to Kumar here, as the Board has
correctly held.
PETITION DENIED.