United States Court of Appeals

Fifth Circuit

F I L E D

IN THE UNITED STATES COURT OF APPEALS

September 28, 2004

FOR THE FIFTH CIRCUIT

Charles R. Fulbruge III

Clerk

No. 03-60860

Summary Calendar

VERA SAMODOUMOVA,

Petitioner,

versus

JOHN ASHCROFT, U.S. ATTORNEY GENERAL,

Respondent.

Petition for Review of an Order of the

Board of Immigration Appeals

BIA No. A73 113 706

Before JONES, SMITH, and DeMOSS, Circuit Judges.

PER CURIAM:* Vera Samodoumova, a native and citizen of Russia, petitions for review of the Board of Immigration Appeals' ("BIA") dismissal of her appeal and denial of motions to remand. Because only the District Director may adjudicate her pending application for ad- justment of status, Samodoumova argues that the Immigration Judge ("IJ") or the BIA should have reopened her case and remanded it to the District Director.

We recently addressed a similar argument that the BIA should have compelled the IJ to reopen a deportation case. Because "no meaningful standard exists against which to judge an IJ's decision to exercise sua sponte authority to reopen deportation proceedings," we lack jurisdiction to review the decision not to reopen.

Enriquez-Alvarado v. Ashcroft, 371 F.3d 246, 249 (5th Cir. 2004) (citing Heckler v. Chaney,470 U.S. 821, 830 (1985)).

Accordingly, the petition for review is DENIED.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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