Muhammad Khan v. Eric Holder, Jr. , 564 F. App'x 120 ( 2014 )

Case: 13-60243 Document: 00512601583 Page: 1 Date Filed: 04/18/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 13-60243
FILED
April 18, 2014
Summary Calendar
Lyle W. Cayce
Clerk
MUHAMMAD FARHAN HANIF KHAN,
Petitioner
v.
ERIC H. HOLDER, JR., U.S. ATTORNEY GENERAL,
Respondent
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A076 833 798
Before HIGGINBOTHAM, DENNIS, and GRAVES, Circuit Judges.
PER CURIAM: *
Muhammad Farhan Hanif Khan has petitioned for review of the decision
of the Board of Immigration Appeals (BIA) refusing to reopen his immigration
proceedings sua sponte so that he could pursue adjustment of status based on
an approved Immigrant Petition for Alien Worker filed by his prospective
employer. Finding that the case did not present exceptional circumstances,
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-60243 Document: 00512601583 Page: 2 Date Filed: 04/18/2014
No. 13-60243
the BIA denied the motion as untimely. The respondent has moved to dismiss
the petition for want of jurisdiction.
Because the authority to reopen an immigration proceeding sua sponte
is entirely discretionary, this court lacks jurisdiction to review a challenge to
the BIA’s refusal to do so. Ramos-Bonilla v. Mukasey, 543 F.3d 216, 219-20
(5th Cir. 2008) (citing Enriquez-Alvarado v. Ashcroft, 371 F.3d 246, 248 (5th
Cir. 2004)). Kucana v. Holder, 558 U.S. 233, 253 (2010), cited by Khan, does
not hold otherwise. See 558 U.S. at 251 n.18; see also Ibarra-Gonzalez v.
Holder, 2013 WL 5651318, 1 (5th Cir. Oct. 17, 2013) (unpublished).
The respondent’s motion to dismiss is GRANTED, and Khan’s petition
for review is DISMISSED. See Ramos-Bonilla, 543 F.3d at 220.
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