Iwenjiora v. INS

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 95-60365 Summary Calendar

PAUL O. IWENJIORA,

Petitioner-Appellant, versus

IMMIGRATION AND NATURALIZATION SERVICE,

Respondent-Appellee.

- - - - - - - - - - Petition for Review of an Order of the Board of Immigration Appeals (A28 867 030) - - - - - - - - - - April 9, 1996 Before WIENER, PARKER and DENNIS, Circuit Judges.

PER CURIAM:*

Paul O. Iwenjiora, a Nigerian citizen, appeals the decision of the Board of Immigration Appeals (BIA) to deport him. Iwenjiora argues: 1) that to deport him would subject him to double jeopardy because Nigerian would charge him with the same crimes for which he was convicted in the United States; 2) that he was deported because of an illegal conviction; 3) that he became eligible for relief from deportation under Immigration and

Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.

No. 95-60365 - 2 -

Naturalization Act (INA) § 212(c), 8 U.S.C. § 1182(c), in May 1995, instead of August 1995; 4) that he is entitled to a withholding of deportation pursuant to INA § 243(h), 8 U.S.C. § 1253(h), and a waiver of deportation pursuant to INA § 212(d)(5), 8 U.S.C. § 1182(d)(5); and 5) that he did not receive due process in his immigration deportation hearing. As Iwenjiora submits these arguments for the first time in his petition for review, and not at the administrative level, this court need not consider them. See Yahkpua v. INS, 770 F.2d 1317, 1320 (5th Cir. 1985).

The petition for review is DENIED.