Toan Tran v. Matthew Whitaker

• Court: Court of Appeals for the Fifth Circuit
• Decided: January 29, 2019
• Docket: 18-60138
• Status: Unpublished

Opinion

Case: 18-60138 Document: 00514813073 Page: 1 Date Filed: 01/29/2019

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

United States Court of Appeals

No. 18-60138 Fifth Circuit

FILED Summary Calendar January 29, 2019 Lyle W. Cayce TOAN ANH TRAN, Clerk

Petitioner

v.

MATTHEW G. WHITAKER, ACTING U. S. ATTORNEY GENERAL,

Respondent

Petition for Review of an Order of the Board of Immigration Appeals BIA No. A017 025 258

Before HIGGINBOTHAM, ELROD, and DUNCAN, Circuit Judges. PER CURIAM: * 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

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Case: 18-60138 Document: 00514813073 Page: 2 Date Filed: 01/29/2019

No. 18-60138

F.3d 246, 250 (5th Cir. 2004). Tran cites no contrary Fifth Circuit authority, and his reliance on Mata v. Lynch, 135 S. Ct. 2150 (2015), is misplaced because Mata did not disturb our prior holdings. See id. 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.