IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
March 18, 2009
No. 08-60181
Summary Calendar Charles R. Fulbruge III
Clerk
ISRAEL VASQUEZ-BARRON, also known as Israel Vasquez
Petitioner
v.
ERIC H HOLDER, JR, U S ATTORNEY GENERAL
Respondent
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A35 509 590
Before JOLLY, BENAVIDES, and HAYNES, Circuit Judges.
PER CURIAM:*
Israel Vasquez-Barron (Vasquez) petitions this court for review of the
refusal by the Board of Immigration Appeals (BIA) to reopen his removal
proceedings sua sponte. Vasquez challenges the BIA’s determination that it
lacked jurisdiction to reopen the proceedings because Vasquez had already been
deported. Vasquez’s attempt to have his removal proceedings reopened is
foreclosed by Navarro-Miranda v. Ashcroft, 330 F.3d 672, 675-76 (5th Cir. 2003),
*
Pursuant to 5 TH C IR. 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should not be published and is not precedent except under the limited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 5 TH C IR. R. 47.5.4.
No. 08-60181
where we upheld the BIA’s interpretation of 8 C.F.R. § 1003.2(d) (formerly 8
C.F.R. § 3.2(d)) as removing the BIA’s jurisdiction to reopen the removal
proceedings of a deported alien. In any event, Vasquez’s underlying claim based
on INS v. St. Cyr, 533 U.S. 289 (2001), was untimely. See 8 C.F.R. § 1003.44(h).
The petition for review is DENIED.
2