ENRIQUEZ-ALVARADO v. ASHCROFT

No. 03-60294.

371 F.3d 246 (2004)

Jose Mario ENRIQUEZ-ALVARADO, Petitioner, v. John ASHCROFT, United States Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

May 19, 2004.


Attorney(s) appearing for the Case

Karen Katz Feldman (argued), Tindall & Foster, Houston, TX, for Petitioner.

Jennifer Paisner (argued), David V. Bernal, U.S. Dept. of Justice, Office of Immigration Litigation, Thomas Ward Hussey, Director, Terri Jane Scadron, Robbin K. Blaya, U.S. Dept. of Justice, Civil Div. Immigration Litigation, John Ashcroft, U.S. Dept. of Justice, Washington, DC, Hipolito Acosta, U.S. Immigration & Naturalization Service, Houston, TX, Caryl G. Thompson, U.S. Immigration & Naturalization Service, Attn: Joe A. Aguilar, New Orleans, LA, for Respondent.

Before HIGGINBOTHAM, DENNIS and CLEMENT, Circuit Judges.


EDITH BROWN CLEMENT, Circuit Judge:

This appeal concerns whether this Court has jurisdiction to consider whether the Board of Immigration Appeals ("BIA") should have compelled the Immigration Judge ("IJ") to reopen a case based on the IJ's sua sponte authority. We hold that we lack jurisdiction.

I. FACTS AND PROCEEDINGS

Jose Mario Enriquez-Alvarado ("Alvarado") is a native and citizen of El Salvador. He arrived in the United States at Brownsville...

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