Tuan Chau Pham v. Mukasey

297 F. App'x 335

• Court: Court of Appeals for the Fifth Circuit
• Decided: October 21, 2008
• Docket: 05-61167
• Status: Unpublished

Opinion

PER CURIAM: *

Tuan Chau Pham is a native and citizen of Vietnam who was ordered deported from this country based on a determination that he had committed aggravated felonies that were crimes of violence. Pham moved to reopen his case and argued that he was eligible for relief under former 8 U.S.C. § 1182(c). The immigration judge denied both Pham’s motion to reopen and his subsequent motion for reconsideration, and the Board of Immigration Appeals (BIA) affirmed the immigration judge. Pham now petitions this court for review. Pham will receive relief only if he shows that the BIA abused its discretion when it affirmed the denial of his motion. See Singh v. Gonzales, 436 F.3d 484, 487 (5th Cir.2006).

Pham argues that the BIA’s application of former § 1182(c) is contrary to INS v. St. Cyr, 533 U.S. 289, 295, 121 S.Ct. 2271, 150 L.Ed.2d 347 (2001), and violative of his equal protection rights. These arguments are unavailing. See Brieva-Perez v. Gonzales, 482 F.3d 356, 359 (5th Cir.2007); Vo v. Gonzales, 482 F.3d 363, 366-70 (5th Cir.2007). Pham’s 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* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.