Filed: Sep. 03, 2002
Latest Update: Feb. 21, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 02-60035 Summary Calendar DAVID VASQUEZ-DE LA O, Petitioner, versus JOHN ASHCROFT, ATTORNEY GENERAL, Respondent. - Petition for Review of an Order of the Board of Immigration Appeals (A29 769 161) - September 3, 2002 Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges. PER CURIAM:* David Vasquez-De La O (“Vasquez”) has filed a petition for review of the Board of Immigration Appeal’s (BIA’s) order denying his appeal of an immigra
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 02-60035 Summary Calendar DAVID VASQUEZ-DE LA O, Petitioner, versus JOHN ASHCROFT, ATTORNEY GENERAL, Respondent. - Petition for Review of an Order of the Board of Immigration Appeals (A29 769 161) - September 3, 2002 Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges. PER CURIAM:* David Vasquez-De La O (“Vasquez”) has filed a petition for review of the Board of Immigration Appeal’s (BIA’s) order denying his appeal of an immigrat..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-60035
Summary Calendar
DAVID VASQUEZ-DE LA O,
Petitioner,
versus
JOHN ASHCROFT, ATTORNEY GENERAL,
Respondent.
--------------------
Petition for Review of an Order
of the Board of Immigration Appeals
(A29 769 161)
--------------------
September 3, 2002
Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
David Vasquez-De La O (“Vasquez”) has filed a petition for
review of the Board of Immigration Appeal’s (BIA’s) order denying
his appeal of an immigration judge’s denial of a motion to reopen
his immigration proceedings. Vasquez argues that the BIA
erroneously dismissed his appeal when it concluded that the Legal
Immigration Family Equity Act (“LIFE Act”), Pub. L. No. 106-553,
and the LIFE Act amendments of 2000, Pub. L. No. 106-554, which
*
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that this opinion should not be published and is not precedent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. 02-60035
-2-
granted additional time for seeking relief from deportation
pursuant to the Nicaraguan Adjustment and Central American Relief
Act (“NACARA”), Pub. L. No. 105-100, tit. II, 111 Stat. 2193,
amended by Pub. L. No. 105-139, 111 Stat. 2644, did not extend
the deadline for Vasquez’s motion to reopen.
After reviewing the administrative record, the briefs of the
parties, and applicable statutes and regulations, we conclude
that Vasquez has not shown error in the BIA’s determination that
Vasquez failed to comply with the time period set forth in
NACARA’s implementing regulations. See 8 C.F.R § 3.43(c)(1) and
(2) (2001). Additionally, we find no error in the BIA’s
determination that the LIFE Act Amendments did not extend the
NACARA deadline for Vasquez, since Vasquez was not subject to the
bar of section 241(a)(5) of the Immigration and Nationality Act,
8 U.S.C. § 1231(a)(5). See LIFE Act Amendment § 1505(a)(1) and
(2). To the extent that Vasquez presents factual and legal
arguments that were not presented in his appeal to the BIA, those
issues were not administratively exhausted and this court does
not have jurisdiction to consider such issues. See Wang v.
Ashcroft,
260 F.3d 448, 453 (5th Cir. 2001).
Accordingly, the BIA’s decision is AFFIRMED.