Rodriguez-Hernandez v. Keisler

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
November 8, 2007
No. 06-60843
Summary Calendar Charles R. Fulbruge III
Clerk
EMILIO RODRIGUEZ-HERNANDEZ
Petitioner
v.
PETER D KEISLER, ACTING US ATTORNEY GENERAL
Respondent
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A90 373 219
Before HIGGINBOTHAM, STEWART, and OWEN, Circuit Judges.
PER CURIAM:*
Emilio Rodriguez-Hernandez petitions this court for review of an order
from the Board of Immigration Appeals (BIA) that affirmed the Immigration
Judge’s decision granting the respondent’s motion to pretermit Rodriguez-
Hernandez’s request for a waiver of removal pursuant to former
8 U.S.C. § 1182(c) and ordering Rodriguez-Hernandez removed from the United
States. Rodriguez-Hernandez contends that the BIA erred by determining that
*
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should not be published and is not precedent except under the limited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. 06-60843
he was ineligible for relief pursuant to § 1182(c). The respondent moves for
summary affirmance or, in the alternative, an extension of time to file a brief.
Rodriguez-Hernandez has not shown error in connection with the BIA’s
determination that he had failed to establish his status as a lawful permanent
resident of the United States. See INS v. Phinpathya, 464 U.S. 183, 188 n.6
(1984). He has concomitantly failed to carry his burden of showing that he is
eligible for relief under former § 1182(c). See Vo v. Gonzales, 482 F.3d 363, 366-
70 (5th Cir. 2007); see also Ashby v. INS, 961 F.2d 555, 557 (5th Cir. 1992).
Rodriguez-Hernandez’s petition for review is DENIED. The respondent’s motion
is likewise DENIED.
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