United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 2, 2007
Charles R. Fulbruge III
Clerk
No. 06-60325
Summary Calendar
JIAHUA HUANG; HUAN HUANG,
Petitioners,
versus
ALBERTO R. GONZALES, U. S. ATTORNEY GENERAL,
Respondent.
--------------------
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A79 512 845
BIA No. A79 512 844
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Before DAVIS, BARKSDALE and BENAVIDES, Circuit Judges.
PER CURIAM:*
Jiahua Huang and his son, Huan Huang, petition for review of
the Board of Immigration Appeals’ dismissal of their appeal of
the Immigration Judge’s order pretermitting their applications
for adjustment of status. The Huangs argue that their motion to
reopen proceedings vacated the prior order that they voluntarily
depart by a certain date. This argument lacks merit. Banda-
Ortiz v. Gonzales, 445 F.3d 387 (5th Cir. 2006), cert. denied,
127 S. Ct. 1874 (2007). The Huangs argue that the BIA’s order
*
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this opinion should not be published and is not precedent except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. 06-60325
-2-
reopening proceedings was an implicit holding that they were
statutorily eligible for adjustment of status and that this
comprises the “law of the case.” This argument is without merit.
The referenced order expressly afforded both parties the
opportunity to present evidence regarding the Huangs’ statutory
and discretionary eligibility for adjustment of status. There
was no finding, implicit or otherwise, that the Huangs were
statutorily eligible for adjustment of status.
PETITION DENIED.