Nassiran v. Gonzales

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT September 15, 2006

Charles R. Fulbruge III Clerk No. 05-60787 Summary Calendar

MORTAZA NASSIRAN,

Petitioner,

versus

ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL,

Respondent.

Petition for Review of an Order of the Board of Immigration Appeals BIA No. A74 085 447

Before JONES, Chief Judge, and KING and DENNIS, Circuit Judges.

PER CURIAM:*

Mortaza Nassiran, a native and citizen of Iran, appeals

the Board of Immigration Appeals (BIA) decision affirming the

Immigration Judge’s denial of his application for cancellation of

removal under 8 U.S.C. § 1229b. Because cancellation of removal is

governed by 8 U.S.C. § 1229b, the jurisdictional bar of 8 U.S.C.

§ 1252(a)(2)(B)(I) applies in the instant case. This court lacks

jurisdiction to review the Attorney General’s discretionary

decision regarding cancellation of removal. See Wilmore v.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Gonzales, 2006 WL 1828644, __ F.3d ___ (5th Cir. July 5, 2006);

Rueda v. Ashcroft, 380 F.3d 831, 831 (5th Cir. 2004); 8 U.S.C.

§ 1229b(b); 8 U.S.C. § 1252(a)(2)(B)(I). The petition for review

is DISMISSED.