United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 25, 2006
Charles R. Fulbruge III
Clerk
No. 06-60047
Summary Calendar
FRANCIS OKOGWU,
Petitioner,
versus
ALBERTO R. GONZALES, U. S. ATTORNEY GENERAL,
Respondent.
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Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A26 086 621
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Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Francis Okogwu petitions for review of the Board of
Immigration Appeals’ (BIA) December 23, 2005, order denying as
untimely a motion to reopen Okogwu’s appeal from an Immigration
Judge’s order of removal. Because the petition for review is
timely only as to the December 23, 2005, order, we lack
jurisdiction to address Okogwu’s arguments concerning the merits
of the order of removal. Stone v. INS, 514 U.S. 386, 394 (1995).
We also lack jurisdiction to consider Okogwu’s request for
discretionary cancellation of removal under 8 U.S.C. § 1229(b)(a)
*
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this opinion should not be published and is not precedent except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. 06-60047
-2-
because he has not exhausted administrative remedies as to this
issue. Roy v. Ashcroft, 389 F.3d 132, 137 (5th Cir. 2004).
Okogwu has not shown that the BIA abused its discretion in
denying the motion to reopen. Manzano-Garcia v. Gonzales,
413 F.3d 462, 469 (5th Cir. 2005). He has not identified any
“extraordinary or unique circumstances” that would explain the
delay in delivery or why he could not mail the motion to reopen
to the BIA at an earlier date. He has failed to show that he
warrants tolling of the limitation period for filing the motion
with the BIA. Zhong Guang Sun v. United States, 421 F.3d 105,
110-11 (2nd Cir. 2005). We note that the “mailbox rule” does not
apply to filings in administrative agency proceedings. Karimian-
Kaklaki v. INS, 997 F.2d 108, 112 (5th Cir. 1993).
The petition for review is DENIED.