Jose Ledezma v. U.S. Attorney General

USCA11 Case: 21-12183 Date Filed: 07/19/2022 Page: 1 of 9 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 21-12183 Non-Argument Calendar ____________________ JOSE LEDEZMA, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ____________________ Petition for Review of a Decision of the Board of Immigration Appeals Agency No. A095-096-434 ____________________ USCA11 Case: 21-12183 Date Filed: 07/19/2022 Page: 2 of 9 2 Opinion of the Court 21-12183 Before JORDAN, BRASHER, and JULIE CARNES, Circuit Judges. PER CURIAM: Petitioner Jose Ledezma, a native and citizen of Honduras, appeals the denial by the Board of Immigration Appeals (the “BIA”) of his motion to sua sponte reopen his removal proceeding. As discussed below, this Court lacks jurisdiction to review the BIA’s denial of sua sponte relief. Accordingly, we dismiss Petitioner’s ap- peal. BACKGROUND Petitioner left Honduras and traveled to the United States in September 1998. He crossed the United States border near Brownsville, Texas, without presenting himself to immigration of- ficials. Petitioner was served in October 2004 with a Notice to Ap- pear that charged him with being present in the United States with- out being admitted or paroled, in violation of INA § 212(a)(6)(A)(i). After continuing Petitioner’s removal proceeding several times to give him an opportunity to find an attorney, an IJ held a hearing in Petitioner’s case on May 4, 2005, with Petitioner appearing pro se. Petitioner admitted during his hearing that he did not have a valid entry document when he entered the United States, and that he did not present himself to an immigration officer upon his entry. The IJ advised Petitioner that he was therefore removable and asked him directly if there was any reason he should not be re- turned to Honduras. Petitioner responded that he left Honduras USCA11 Case: 21-12183 Date Filed: 07/19/2022 Page: 3 of 9 21-12183 Opinion of the Court 3 because of gangs, that he had been pressured for recruitment and physically harmed while in Honduras, and that he had come to the United States to be with his father. The IJ observed that the United States also had problems with gangs and, after inquiring whether Petitioner had any other issues, asked the Government if it saw any availability of relief. The Government suggested voluntary depar- ture. At the end of the hearing, the IJ found Petitioner removable and granted voluntary departure. The IJ explained to Petitioner that if he failed to depart from the United States before September 1, 2005, he would be subject to civil penalties and ineligible for ben- efits under the INA for ten years, and that the only excuse for failing to comply was exceptional circumstances beyond Petitioner’s con- trol, such as a serious illness or the death of an immediate family member in the United States. The IJ reserved Petitioner’s right to appeal and provided him with the form used to file an appeal, along with a list of agencies that provide representation in BIA appeals at low or no cost. In its …

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