Alvarado-Molina v. Gonzales

192 F. App'x 310

• Court: Court of Appeals for the Fifth Circuit
• Decided: August 2, 2006
• Docket: 05-60710
• Status: Unpublished

Opinion

PER CURIAM: *

Hector Alvarado-Molina has filed a petition for review of a final order of the Board of Immigration Appeals (BIA) affirming the denial of his motion to reopen his 1999 removal proceedings. He argues that the BIA should have reopened his 1999 removal proceedings because although the immigration judge in the 1999 proceedings found his theft conviction rendered him statutorily ineligible for a waiver of removal, the subsequent decision of INS v. St. Cyr, 533 U.S. 289, 121 S.Ct. 2271, 150 L.Ed.2d 347 (2001), clarified that he was eligible for such relief under former Immigration and Nationality Act § 212(c), former 8 U.S.C. § 1182(c). Specifically, he argues that the 1999 removal proceedings violated his due process rights.

Alvarado-Molina’s due process claim, which we review de novo, is without merit. See Ogbemudia v. INS, 988 F.2d 595, 598 (5th Cir.1993); United States v. Lopez-Ortiz, 313 F.3d 225, 230-31 (5th Cir.2002). Alvarado-Molina has not otherwise shown that the BIA’s denial of his motion to reopen was an abuse of discretion. See Lara v. Trominski, 216 F.3d 487, 496 (5th Cir.2000); see also Navarro-Miranda v. Ashcroft, 330 F.3d 672, 674-76 (5th Cir.2003). The petition for review is DENIED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.