United States Court of Appeals Fifth Circuit F I L E D UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 17, 2005 _______________________ Charles R. Fulbruge III Clerk No. 04-30247 _______________________ ADALBERTO ANDRADE, Petitioner-Appellant, versus

ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL, JAMES W. ZIGLAR; CHRISTINE G. DAVIS; EDWARD J. MCELROY; BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT; UNITED STATES DEPARTMENT OF JUSTICE, Respondents-Appellees.

Appeals from the United States District Court for the Western District of Louisiana 2:03-CV-1307

Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges.

PER CURIAM:* The court has reviewed the briefs and pertinent portions of the record in light of oral argument. Having done so, we conclude that the opinion of the district court adopting the magistrate judge’s recommendations to dismiss this appeal should be AFFIRMED. See Lee v. Gonzales, __ F.3d __, No. 04-10218, 2005 WL 1274218 (5th Cir. May 31, 2005)

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

AFFIRMED.