Summary Calendar ZYGMUNT KIEREWICZ v. Michael Bmukasey, U Sattorney General

* 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should not be published and is not precedent except under the limited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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-60330
Summary Calendar
ZYGMUNT KIEREWICZ
Petitioner
v.
MICHAEL B MUKASEY, U S ATTORNEY GENERAL
Respondent
Petitions for Review of an Order of the
Board of Immigration Appeals
BIA No. A19 241 220
Before JOLLY, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
Zygmunt Kierewich, a native and citizen of Poland, filed a petition for
review of the Board of Immigration Appeals’ (BIA) denial of his August 16, 2006,
motion to reopen removal proceedings. The BIA determined, among other
things, that the motion was untimely under 8 U.S.C. § 1229a(c)(7) and 8 C.F.R.
§ 1003.2(c).
United States Court of Appeals
Fifth Circuit
F I L E D
July 22, 2008
Charles R. Fulbruge III
Clerk

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No. 06-60330
2
This court cannot undertake review of an agency’s discretionary
determination where there is “no meaningful standard against which to judge
the agency’s exercise of discretion.” Heckler v. Chaney, 470 U.S. 821, 830 (1985).
There are no guidelines directing the BIA’s decision whether to reconsider on its
own motion. See 8 C.F.R. § 1003.2(a). Therefore, this court has no jurisdiction
to review the BIA’s decision to deny Kierewicz’s untimely motion to reopen. See
Enriquez-Alvarado v. Ashcroft, 371 F.3d 246, 249-50 (5th Cir. 2004) (concluding
that appellate courts were precluded from reviewing an immigration judge’s
denial of an untimely motion to reopen).
Accordingly, Kierewicz’s petition for review is DENIED.

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