Case: 17-60079 Document: 00514306726 Page: 1 Date Filed: 01/12/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 17-60079 FILED Summary Calendar January 12, 2018 Lyle W. Cayce Clerk CESAR MISAEL GIRAL-BENITEZ, 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 983 600 Before WIENER, DENNIS, and SOUTHWICK, Circuit Judges. PER CURIAM: * Cesar Misael Giral-Benitez petitions for review of the decision of the Board of Immigration Appeals (BIA) to deny his motion to reopen. For the reasons that follow, we lack jurisdiction to review the BIA’s decision. We lack jurisdiction to review the BIA’s refusal to exercise its regulatory authority to reopen the removal proceeding sua sponte. See Gonzalez-Cantu v. Sessions, 866 F.3d 302, 306 & n.6 (5th Cir. 2017), cert. denied, No. 17-653, 2018 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-60079 Document: 00514306726 Page: 2 Date Filed: 01/12/2018 No. 17-60079 WL 311388 (U.S. Jan. 8, 2018). We have jurisdiction to review the denial of a statutory motion to reopen based on equitable tolling. See Lugo-Resendez v. Lynch, 831 F.3d 337, 343–44 (5th Cir. 2016). However, Giral-Benitez did not exhaust an argument for equitable tolling of the statutory deadline. Accordingly, we lack jurisdiction to consider Giral-Benitez’s unexhausted equitable tolling argument. See Lopez-Dubon v. Holder, 609 F.3d 642, 644 (5th Cir. 2010). Giral-Benitez’s petition for review is DISMISSED for lack of jurisdiction. 2 17-60079 Court of Appeals for the Fifth Circuit ca5 5th Cir. Cesar Giral-Benitez v. Jefferson Sessions, III 12 January 2018 Immigration Unpublished 64bb794e84dc18ce3e250d673f03e5a91ab85a2e
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