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TRAN v. WHITAKER (2019)

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United States Court of Appeals, Fifth Circuit.

Toan Anh TRAN, Petitioner v. Matthew G. WHITAKER, Acting U. S. Attorney General, Respondent

No. 18-60138

Decided: January 29, 2019

Before HIGGINBOTHAM, ELROD, and DUNCAN, Circuit Judges. Theodore J. Murphy, Esq., Murphy Law Firm, P.C., West Chester, PA, for Petitioner Sheri Robyn Glaser, Trial Attorney, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent

Toan Anh Tran, a native and citizen of Vietnam, petitions for review of the order of the Board of Immigration Appeals (BIA) declining to exercise its sua sponte authority to reopen his 1997 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 Lopez-Dubon v. Holder, 609 F.3d 642, 647 (5th Cir. 2010); Enriquez-Alvarado v. Ashcroft, 371 F.3d 246, 250 (5th Cir. 2004). Tran cites no contrary Fifth Circuit authority, and his reliance on Mata v. Lynch, ––– U.S. ––––, 135 S.Ct. 2150, 192 L.Ed.2d 225 (2015), is misplaced because Mata did not disturb our prior holdings. See id. 135 S.Ct. at 2155 (assuming, arguendo, lack of jurisdiction to review BIA’s exercise of its sua sponte discretion and declining to revisit Enriquez-Alvarado).

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PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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