Yong v. Blanche

• Court: Court of Appeals for the Fifth Circuit
• Decided: May 5, 2026
• Docket: 25-60568
• Status: Unpublished

Opinion

Case: 25-60568 Document: 38-1 Page: 1 Date Filed: 05/05/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

No. 25-60568 FILED Summary Calendar May 5, 2026 ____________ Lyle W. Cayce Clerk Mirabel Kume Yong,

Petitioner,

versus

Pamela Bondi, U.S. Attorney General,

Respondent. ______________________________

Petition for Review of an Order of the Board of Immigration Appeals Agency No. A095 897 379 ______________________________

Before Higginbotham, Engelhardt, and Ramirez, Circuit Judges. Per Curiam: * Mirabel Kume Yong, a native and citizen of Cameroon, petitions for review of the decision of the Board of Immigration Appeals (BIA) denying her motion to reopen. She challenges the BIA’s denial of sua sponte

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-60568 Document: 38-1 Page: 2 Date Filed: 05/05/2026

No. 25-60568

regulatory reopening under 8 C.F.R. § 1003.2(a), contending that the BIA failed to properly consider and weigh the positive equities in her case. The Government argues that this court lacks jurisdiction to review Yong’s challenge. The Government is correct. We lack jurisdiction to review the BIA’s denial of sua sponte regulatory reopening because there is no legal standard by which to judge the BIA’s discretionary decision under § 1003.2(a). See Garcia-Gonzalez v. Garland, 76 F.4th 455, 465 (5th Cir. 2023). Yong does not brief any argument contesting the BIA’s determination that her motion to reopen was untimely under 8 U.S.C. § 1229a(c)(7)(C)(i). She has thus waived any such challenge. See Medina Carreon v. Garland, 71 F.4th 247, 255 (5th Cir. 2023). The petition for review is DISMISSED.