ESCOBAR BARRIENTOS v. BARR (2019)

United States Court of Appeals, Fifth Circuit.

Luis Fernando ESCOBAR-BARRIENTOS, also known as Luis Arturo Gomez-Garcia, Petitioner v. William P. BARR, U.S. Attorney General, Respondent

No. 19-60047

Decided: December 17, 2019

Before STEWART, HIGGINSON, and COSTA, Circuit Judges.

Virlenys H. Palma, Attorney, Homestead, FL, for Petitioner. Allison R. Frayer, Margot P. Kniffin, Esq., Trial Attorney, Anthony John Messuri, Esq., Trial Attorney, Office Of Immigration Litigation, U.S. Department of Justice Office of Immigration Litigation, Washington, DC, for Respondent.

Luis Fernando Escobar-Barrientos, a native and citizen of Colombia, petitions for review of the order of the Board of Immigration Appeals (BIA) declining to exercise its sua sponte authority to reopen his 2009 removal proceedings. It is well settled that we have no jurisdiction to review the BIA’s wholly discretionary exercise of its sua sponte authority to reopen removal hearings. See Gonzalez-Cantu v. Sessions, 866 F.3d 302, 306 (5th Cir. 2017); Lopez-Dubon v. Holder, 609 F.3d 642, 647 (5th Cir. 2010). Accordingly, we DISMISS the petition for review for lack of jurisdiction.

FOOTNOTES

FOOTNOTE.

PER CURIAM:* FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law