IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED March 18, 2009 No. 08-60181 Summary Calendar Charles R. Fulbruge III Clerk

ISRAEL VASQUEZ-BARRON, also known as Israel Vasquez

Petitioner

v.

ERIC H HOLDER, JR, U S ATTORNEY GENERAL

Respondent

Petition for Review of an Order of the Board of Immigration Appeals BIA No. A35 509 590

Before JOLLY, BENAVIDES, and HAYNES, Circuit Judges. PER CURIAM:* Israel Vasquez-Barron (Vasquez) petitions this court for review of the refusal by the Board of Immigration Appeals (BIA) to reopen his removal proceedings sua sponte. Vasquez challenges the BIA’s determination that it lacked jurisdiction to reopen the proceedings because Vasquez had already been deported. Vasquez’s attempt to have his removal proceedings reopened is foreclosed by Navarro-Miranda v. Ashcroft,

(5th Cir. 2003),

* Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR. R. 47.5.4. No. 08-60181

where we upheld the BIA’s interpretation of

(d) (formerly

(d)) as removing the BIA’s jurisdiction to reopen the removal proceedings of a deported alien. In any event, Vasquez’s underlying claim based on INS v. St. Cyr,

(2001), was untimely. See

(h). The petition for review is DENIED.

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