Opinion
No. 06-60325, Summary Calendar.
August 2, 2007.
Raed Gonzalez, Quan, Burdette Perez, Houston, TX, for Petitioners.
Thomas Ward Hussey, Director, John S. Hogan, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, John Clifford Cunningham, Caryl G. Thompson, U.S. Immigration Naturalization Service, District Directors Office, New Orleans, LA, Sharon A. Hudson, U.S. Citizenship Immigration Services, Houston, TX, for Respondent.
Alberto R. Gonzales, Washington, DC, pro se.
Petition for Review of an Order of the Board of Immigration Appeals, BIA Nos. A79 512 844, A79 512 845.
Before DAVIS, BARKSDALE and BENAVIDES, Circuit Judges.
Jiahua Huang and his son, Huan Huang, petition for review of the Board of Immigration Appeals' dismissal of their appeal of the Immigration Judge's order pretermitting their applications for adjustment of status. The Huangs argue that their motion to reopen proceedings vacated the prior order that they voluntarily depart by a certain date. This argument lacks merit. Banda-Ortiz v. Gonzales, 445 F.3d 387 (5th Cir. 2006), cert. denied, ___ U.S. ___, 127 S.Ct. 1874, 167 L.Ed.2d 363 (2007). The Huangs argue that the BIA's order reopening proceedings was an implicit holding that they were statutorily eligible for adjustment of status and that this comprises the "law of the case." This argument is without merit. The referenced order expressly afforded both parties the opportunity to present evidence regarding the Huangs' statutory and discretionary eligibility for adjustment of status. There was no finding, implicit or otherwise, that the Huangs were statutorily eligible for adjustment of status.
PETITION DENIED.