Medina

MEMORANDUM *

Fe Suniga Medina (“Medina”), a native and citizen of the Philippines, seeks review of her order of removal, her ability to achieve adjustment of status based on her approved 1-130 petition, and the Immigration Judge’s (“IJ”) rescission of the grant of Medina’s third motion to reopen her removal proceedings.

We lack jurisdiction to entertain Medina’s claims on the merits in this petition. The last disposition on the merits of Medina’s claims occurred on May 17, 2004, when the Board of Immigration Appeals (“BIA” or “Board”) denied Medina’s second motion to reopen. Her current petition for review, filed on August 8, 2005, is thus untimely to challenge that disposition. 8 U.S.C. § 1252 (b)(1) (2005).

The only remaining claim is Medina’s challenge to the IJ’s decision to rescind the grant of her third motion to reopen her removal proceedings on jurisdictional grounds. We conclude that the IJ correctly determined that the IJ lacked jurisdiction to entertain a motion to reopen Medina’s petition because jurisdiction remained with the BIA following Medina’s appeal. 8 C.F.R. § 1003.2 (a) provides that “[a] request to reopen or reconsider any case in which a decision is made…