
    Juan Manuel OTAVALO-SALINAS, Petitioner, v. Alberto R. GONZALES, U.S. Attorney General, Respondent.
    No. 05-61086
    Summary Calendar.
    United States Court of Appeals, Fifth Circuit.
    Oct. 18, 2006.
    Michael P. Diraimondo, Diraimondo & Masi, Melville, NY, for Petitioner.
    Thomas Ward Hussey, Director, Linda Susan Wendtland, Edward C. Durant, Alberto R. Gonzales, E.M. Trominski, District Director, U.S. Department of Justice Office of Immigration Litigation, Caryl G. Thompson, U.S. Immigration & Naturalization Service District Directors Office, Harlingen, TX, Joe A. Aguilar, U.S. Immigration & Naturalization Service District Directors Office, New Orleans, LA, for Respondent.
    Before JONES, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.
   PER CURIAM:

Juan Manuel Otavalo-Salinas (Otavalo), a native and citizen of Ecuador, petitions this court to review the decision of the Board of Immigration Appeals (BIA) affirming the immigration judge’s denial of Otavalo’s out-of-time motion to reopen his deportation proceeding. According to Otavalo, the BIA and the immigration judge (IJ) should have exercised their discretion to reopen the proceeding despite the fact that he failed to file the motion on or before the September 30, 1996, deadline provided in 8 C.F.R. § 1003.23(b)(1). We have held that we lack jurisdiction “to consider whether the [BIA] should have compelled the [IJ] to reopen a case based on the IJ’s sua sponte authority.” See Enriquez-Alvarado v. Ashcroft, 371 F.3d 246, 247-50 (5th Cir.2004). Accordingly, the petition for review is DISMISSED. 
      
       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     