Ruben Uribe-Sanchez v. Jefferson Sessions, III ( 2018 )

Case: 17-60399 Document: 00514522981 Page: 1 Date Filed: 06/21/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 17-60399 June 21, 2018
Summary Calendar
Lyle W. Cayce
Clerk
RUBEN DARIO URIBE-SANCHEZ,
Petitioner
v.
JEFFERSON B. SESSIONS, III, U. S. ATTORNEY GENERAL,
Respondent
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A091 881 573
Before DAVIS, COSTA, and ENGELHARDT, Circuit Judges.
PER CURIAM: *
Ruben Dario Uribe-Sanchez, a native and citizen of Mexico, challenges
the decision of the Board of Immigration Appeals (BIA) affirming the
Immigration Judge’s (IJ) denial of his motion to reopen removal proceedings.
The BIA declined to exercise its sua sponte discretion to reopen the removal
proceedings in light of the departure bar. Uribe-Sanchez contends that this
was error.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-60399 Document: 00514522981 Page: 2 Date Filed: 06/21/2018
No. 17-60399
While we lack jurisdiction to review the BIA’s decision not to exercise its
discretion to grant Uribe-Sanchez’s motion to reopen, see Enriquez-Alvarado
v. Ashcroft, 371 F.3d 246, 248-50 (5th Cir. 2004), we may review whether the
BIA correctly concluded that it lacked the power to reopen the removal
proceedings sua sponte in light of the departure bar, see Navarro-Miranda
v. Ashcroft, 330 F.3d 672, 675-76 (5th Cir. 2003); Ovalles v. Holder, 577 F.3d
288, 296-97 (5th Cir. 2009) (relying on Navarro-Miranda). Uribe-Sanchez’s
argument fails in light of the determination in those cases “that the BIA acted
reasonably in determining that it lacked the sua sponte authority under
[8 C.F.R. §] 1003.2(a) to reconsider or reopen [the alien’s] case due to the post-
departure bar in [8 C.F.R. §] 1003.2(d).” Ovalles, 577 F.3d at 296-97; see also
Navarro-Miranda, 330 F.3d at 675-76.
This court reaffirmed the validity of the departure bar with respect to
regulatory motions to reopen in Lugo-Resendez v. Lynch, 831 F.3d 337, 342
(5th Cir. 2016). Uribe-Sanchez cites no intervening change in the law that
would allow this panel to overrule that binding precedent. See Mercado v.
Lynch, 823 F.3d 276, 279 (5th Cir. 2016).
PETITION DENIED.
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