Martinez-Mejia v. Ashcroft

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT January 20, 2005
Charles R. Fulbruge III
Clerk
No. 04-60278
Summary Calendar
FIDEL MARTINEZ-MEJIA,
Petitioner,
versus
JOHN ASHCROFT, U. S. ATTORNEY GENERAL,
Respondent.
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Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A28-890-217
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Before REAVLEY, JOLLY and HIGGINBOTHAM, Circuit Judges.
PER CURIAM:*
Fidel Martinez-Mejia (“Martinez”) petitions this court for
review of the Board of Immigration Appeals’s (“BIA”) October 8,
2003, decision denying his motion for reconsideration of the
BIA’s July 18, 2003, affirmance of his appeal from the
Immigration Judge’s (“IJ”) denial of his motion to reopen removal
proceedings held in absentia. Martinez filed his petition for
review within 30 days of the BIA’s final order denying his motion
to reconsider. However, Martinez did not file a petition for
review relative to the BIA’s July 18, 2003, affirmance.
*
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this opinion should not be published and is not precedent except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.
No. 04-60278
-2-
Therefore, this court has no jurisdiction to review that
decision. See 8 U.S.C. § 1252(a)(1), (b)(1) (2000); Stone v.
INS, 514 U.S. 386, 390-406 (1995); Zhang v. INS, 348 F.3d 289,
291-92 (1st Cir. 2003).
Martinez’s brief is devoted to challenging aspects of
pre-October 8, 2003, decisions, including the IJ’s decision that
Martinez was served with an order to show cause and that he is
not eligible to seek cancellation of removal. However, the brief
fails to present any arguments with regard to the BIA’s denial of
his motion to reconsider. Thus Martinez has in effect abandoned
his appeal of the BIA’s October 8, 2003, decision denying his
motion to reconsider, by failing to brief it. See Al-Ra’id v.
Ingle, 69 F.3d 28, 33 (5th Cir. 1995).
Accordingly, we have no jurisdiction over an appeal from the
BIA’s July 18, 2003, decision, and we AFFIRM the October 8, 2003,
denial of his motion to reconsider.
AFFIRMED.