Opinion
No. 06-60330 Summary Calendar.
July 22, 2008.
Raed Gonzalez, Quan, Burdette Perez, Houston, TX, for Petitioner.
Thomas Ward Hussey, Director, Linda Susan Wendtland, Norah Ascoli Schwarz, Edward C. Durant, Remi Adalemo, U.S. Department of Justice, Office of Immigration Litigation, Michael B. Mukasey, U.S. Department of Justice, Washington, DC, Trey Lund, U.S. Immigration and Customs Enforcement Field Office Director, New Orleans, LA, Sharon A. Hudson, U.S. Citizenship Immigration Services, Houston, TX, for Respondent.
Petitions for Review of an Order of the Board of Immigration Appeals, BIA No. A19 241 220.
Before JOLLY, DENNIS, and PRADO, Circuit Judges.
Zygmunt Kierewicz, a native and citizen of Poland, filed a petition for review of the Board of Immigration Appeals' (BIA) denial of his August 16, 2006, motion to reopen removal proceedings. The BIA determined, among other things, that the motion was untimely under 8 U.S.C. § 1229a(c)(7) and 8 C.F.R. § 1003.2(c).
This court cannot undertake review of an agency's discretionary determination where there is "no meaningful standard against which to judge the agency's exercise of discretion." Heckler v. Chaney, 470 U.S. 821, 830, 105 S.Ct. 1649, 84 L.Ed.2d 714 (1985). There are no guidelines directing the BIA's decision whether to reconsider on its own motion. See 8 C.F.R. § 1003.2(a). Therefore, this court has no jurisdiction to review the BIA's decision to deny Kierewicz's untimely motion to reopen. See Enriquez-Alvarado v. Ashcroft, 371 F.3d 246, 249-50 (5th Cir. 2004) (concluding that appellate courts were precluded from reviewing an immigration judge's denial of an untimely motion to reopen).
Accordingly, Kierewicz's petition for review is DENIED.