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RAMOS-BONILLA v. MUKASEY

No. 07-60312.

543 F.3d 216 (2008)

Oscar Arnoldo RAMOS-BONILLA, Petitioner, v. Michael B. MUKASEY, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

September 18, 2008.

Attorney(s) appearing for the Case

Bruno Joseph Bembi, Law Office of Bruno J. Bembi, Hempstead, NY, for Petitioner.

Aviva Lea Poczter, Emily Anne Radford, Asst. Dir., Thomas Ward Hussey, Dir., John Clifford Cunningham, U.S. Dept. of Justice, Civ. Div., OIL, Washington, DC, E.M. Trominski, Dist. Dir., U.S. INS, Harlingen, TX, for Respondent.

Before KING, DeMOSS and PRADO, Circuit Judges.

PRADO, Circuit Judge:

The Board of Immigration Appeals ("BIA") denied petitioner's motions to reopen. Because we lack jurisdiction to review the BIA's discretionary decision not to exercise its authority to reopen a case sua sponte, we dismiss petitioner's appeal.

I. FACTS AND PROCEDURAL HISTORY

Oscar Arnoldo Ramos-Bonilla ("Ramos"), a citizen of El Salvador, arrived in the United States in June 1986 without

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