Rodriguez-Aceituno v. INS ( 1996 )


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  •                IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    __________________
    No. 95-60701
    Conference Calendar
    __________________
    RENE AUGUSTO RODRIGUEZ-ACEITUNO,
    Petitioner,
    versus
    IMMIGRATION AND NATURALIZATION SERVICE,
    Respondent.
    - - - - - - - - - -
    Petition for Review of an Order of the
    Board of Immigration Appeals
    A30 464 222
    - - - - - - - - - -
    June 26, 1996
    Before HIGGINBOTHAM, BARKSDALE, and BENAVIDES, Circuit Judges.
    PER CURIAM:*
    Rene Rodriguez-Aceituno (Rodriguez) petitions for review of
    the summary dismissal by the Board of Immigration Appeals (BIA)
    of his appeal from the Immigration Judge's (IJ) denial of his
    application for relief from deportation pursuant to § 212(c) of
    the Immigration and Nationality Act.    Rodriguez fails to
    challenge the BIA's dismissal but instead challenges only the
    *
    Pursuant to Local Rule 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    that this opinion should not be published and is not precedent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 Local Rule
    47.5.4.
    No. 95-60701
    -2-
    IJ's decision.    This court, however, "is authorized to review
    only the order of the [BIA], not the decision of the immigration
    judge."    Castillo-Rodriguez v. INS, 
    929 F.2d 181
    , 183 (5th Cir.
    1991).    Because Rodriguez fails to present this court with the
    only appealable issue, the propriety of the BIA's dismissal, his
    petition is DISMISSED as frivolous.    See Howard v. King, 
    707 F.2d 215
    , 219-20 (5th Cir. 1983); 5th Cir. R. 42.2.
    

Document Info

Docket Number: 95-60701

Filed Date: 7/9/1996

Precedential Status: Non-Precedential

Modified Date: 4/17/2021