United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 13, 2007
Charles R. Fulbruge III
Clerk
No. 05-60650
Summary Calendar
ROQUE ARANDA-TERCERO,
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. A27 116 578
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Before WIENER, GARZA, and BENAVIDES, Circuit Judges,
PER CURIAM:*
Roque Aranda-Tercero (Aranda), a native and citizen of Mexico,
petitions for review of the Board of Immigration Appeals’ (BIA)
decision dismissing Aranda’s appeal from the immigration judge’s
denial of his motion to reopen. Aranda argues that the BIA abused
its discretion by dismissing his motion to reopen as untimely.
For an alien whose order of deportation became final before
March 22, 1999, a motion to reopen for the purpose of seeking
protection under the Convention Against Torture (CAT) “shall not be
granted” unless the motion to reopen was filed by June 21, 1999.
*
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this opinion should not be published and is not precedent except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. 05-60650
-2-
8 C.F.R. 208.18(b)(2)(i). Aranda was ordered deported in April
1993. The motion to reopen at issue in this matter was filed in
January 2005. The BIA thus did not abuse its discretion in
dismissing Aranda’s appeal to the extent that he sought reopening
under § 208.18(b)(2). To the extent that Aranda argues that the
BIA should have exercised its sua sponte authority to reopen his
removal proceedings, we lack jurisdiction to review that decision.
See Enriquez-Alvarado v. Ashcroft, 371 F.3d 246, 248-50 (5th Cir.
2004).
Aranda’s PETITION FOR REVIEW is DENIED. All other OUTSTANDING
MOTIONS are also DENIED.