United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS April 9, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk

No. 02-60345 Summary Calendar

JOSE CARLOS AVILA, Petitioner, versus JOHN ASHCROFT, UNITED STATES ATTORNEY GENERAL, Respondent.

Petition for Review of an Order of the Board of Immigration Appeals (BIA No. A74 654 026) _______________________________________________________

Before REAVLEY, BARKSDALE and CLEMENT, Circuit Judges.

PER CURIAM:* Jose Avila appeals the decision of the Board of Immigration Appeals which denied his request for cancellation of removal under 8 U.S.C. § 1229b(b). We do not have jurisdiction to review this decision. Title 8 U.S.C. § 1252(a)(2)(B) expressly provides

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. that no court has jurisdiction to review “[d]enials of discretionary relief,” including requests for relief under § 1229b. Avila’s argument that this provision only applies when relief is granted is rejected.

PETITION DISMISSED.