Toan Tran v. Matthew Whitaker

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
2