Faisal FATEH, Petitioner, v. Alberto R. GONZALES, U.S. Attorney General, Respondent, 236 F. App'x 102

PER CURIAM: Faisal Fateh petitions for review of a decision of the Board of Immigration Appeals (“BIA”). We review the decision of the immigration judge, because as the BIA relied on it in its decision. Mikhael v. INS, 115 F.3d 299, 302 (5th Cir.1997). We review questions of law de novo. Carbajal-Gonzalez v. INS, 78 F.3d 194, 197 (5th Cir.1996). Fateh challenges the validity of the notice to appear, because it was signed by an “Interim District Director.” Fateh argues that Interim District Directors are not authorized to issue notices to appear, because they are not listed in 8 C.F.R. § 239.1.

This argument is unavailing. The regulation allows for another officer, such as the Interim District Director in Fateh’s case, to act in the “capacity” of the District Director until the position is permanently filled. See 8 C.F.R. § 239.1. 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 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under dle limited circumstances set forth in 5th Cir. R. 47.5.4.