United States Court of Appeals
Fifth Circuit
F I L E D
In the United States Court of Appeals
for the Fifth Circuit June 28, 2006
Charles R. Fulbruge III
Clerk
No. 05-60812
Summary Calendar
PABLO ROBERTO ORTEGA,
Petitioner,
v.
ALBERTO R. GONZALES, U. S. ATTORNEY GENERAL,
Respondent.
––––––––––––––––
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A29 867 825
––––––––––––––––
Before JOLLY, DAVIS, and OWEN, Circuit Judges.
PER CURIAM:*
Pablo Roberto Ortega petitions for review of a decision by
the Board of Immigration Appeals (BIA) denying Ortega’s motion
to reopen his removal proceedings. He argues that the BIA
should have reopened his removal proceedings in order to allow
him to pursue relief under § 212(c) and (h) of the Immigration
and Nationality Act (INA).
*
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this opinion should not be published and is not precedent except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. 05-60812
-2-
This court lacks jurisdiction to consider Ortega’s
argument that the BIA should have reopened his case pursuant
to the BIA’s sua sponte authority. See Enriquez-Alvarado v.
Ashcroft, 371 F.3d 246, 250 (5th Cir. 2004). Ortega’s
contention that this court has the authority to examine sua
sponte whether relief under INA § 212(c) and (h) is available
to Ortega lacks merit. Moreover, Ortega has failed to brief
any other cognizable issues regarding the BIA’s decision. See
Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003).
Accordingly, Ortega’s petition for review of the BIA’s decision
is DISMISSED AS FRIVOLOUS. See 5TH CIR. R. 42.2.