Jaquez-Vega v. Gonzales

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
August 5, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-60586
Summary Calendar
MARTIN JAQUEZ-VEGA,
Petitioner,
versus
ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL,
Respondent.
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Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A91 805 083
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Before HIGGINBOTHAM, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Martin Jaquez-Vega (Jaquez), a native and citizen of Mexico,
seeks review of the Board of Immigration Appeal’s (BIA) June 3,
2004, decision, which he states affirmed the Immigration Judge’s
(IJ) denial of his motion to reopen the removal proceedings. The
BIA’s June 3, 2004, decision, however, denied Jaquez’s motion to
reconsider. Jaquez offers no legal argument relevant to the
BIA’s denial of his motion to reconsider. Instead, Jaquez’s
brief is devoted to why the IJ erred in denying Jaquez’s motion

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No. 04-60586
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to reopen the removal proceedings and the BIA’s January 28, 2004,
affirmance of that denial. Jaquez did not file a petition for
review from the denial of his motion to reopen the removal
proceedings.
The BIA’s denial of an appeal and its denial of a motion to
reconsider are two separate final orders, each of which require
their own petitions for review. Stone v. INS, 514 U.S. 386, 394
(1995). A timely petition for review is a jurisdictional
requirement, and the lack thereof deprives this court of
jurisdiction to review a decision of the BIA. 8 U.S.C.
§ 1252(a)(1), (b)(1); Karimian-Kaklaki v. INS, 997 F.2d 108, 111
(5th Cir. 1993). Under Stone, this court is without jurisdiction
to review the BIA’s denial of Jaquez’s motion to reopen the
removal proceedings. See Stone, 514 U.S. at 394. Furthermore,
by failing to brief any issue relative to the BIA’s denial of his
motion to reconsider, he has waived the only viable appellate
issue. See Rodriguez v. INS, 9 F.3d 408, 414 n.15 (5th Cir.
1993). Accordingly, Jaquez’s petition for review is DENIED.

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