Aguilar-Medina v. Ashcroft

Court of Appeals for the Fifth Circuit · May 18, 2001

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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-51080 Summary Calendar

ALONSO AGUILAR-MEDINA

Petitioner - Appellant

JOHN ASHCROFT, U.S. Attorney General; LUIS GARCIA, District Director of the El Paso District of the Immigration Naturalization Service

Respondents - Appellees

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. EP-00-CV-294-DB - - - - - - - - - - May 18, 2001

Before KING, Chief Judge, and JONES and STEWART, Circuit Judges. PER CURIAM:*

Alonso Aguilar-Medina (Aguilar) appeals the district court’s dismissal of his 28 U.S.C. § 2241 petition for lack of jurisdiction. He argues that the district court erroneously concluded that he had not filed a petition for review from the Board of Immigration Appeals’ order of removal.

The district court was without jurisdiction to entertain Aguilar’s § 2241 petition. See Garnica-Vazquez v. Reno, 210 F.3d 558, 560 (5th Cir. 2000); Max-George v. Reno, 205 F.3d 194, 199

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

No. 00-51080 -2-

(5th Cir. 2000). Aguilar has not attempted to distinguish Garnica-Vazquez or Max-George, which the district court relied upon to reach its decision. Nor has Aguilar explained the relevance of the district court’s alleged erroneous factual finding to the jurisdictional issue at hand. The district court’s judgment is AFFIRMED.