Delvois v. Gonzales

Fifth Circuit

Delvois v. Gonzales

194 F. App'x 233

CourtCourt of Appeals for the Fifth Circuit

DecidedAugust 18, 2006

Docket05-60990

StatusUnpublished

Cited by1 cases

This text of 194 F. App'x 233 (Delvois v. Gonzales) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Delvois v. Gonzales, 194 F. App'x 233 (5th Cir. 2006).

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Opinion

PER CURIAM: *

Olwidch Delvois petitions this court for review of the Board of Immigration Appeals’s (BIA) order that dismissed for lack *234 of jurisdiction his appeal from the Immigration Judge’s (IJ) decision removing him to Haiti. Delvois’s petition for review was converted from a habeas corpus petition filed pursuant to 28 U.S.C. § 2241 in the Eastern District of New York. See Rosales v. Bureau of Immigration and Customs Enforcement, 426 F.3d 733, 736 (5th Cir. 2005), cert. denied, — U.S. —, 126 S.Ct. 1055, 163 L.Ed.2d 882 (2006).

Delvois has previously filed a petition for review in this court, which was dismissed for lack of jurisdiction. Delvois v. Ashcroft, No. 04-60699 (5th Cir. Nov. 2, 2004) (unpublished). We lack jurisdiction under 8 U.S.C. § 1252(d)(2) to consider a second petition for review. See Restrepo v. Winfrey, 162 Fed.Appx. 311, 313 (5th Cir.2006).

Accordingly, Delvois’s petition for review is DISMISSED for lack of jurisdiction. Delvois’s motion for release pending appeal is DENIED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be *234 published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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PER CURIAM: *

Olwidch Delvois petitions this court for review of the Board of Immigration Appeals’s (BIA) order that dismissed for lack *234 of jurisdiction his appeal from the Immigration Judge’s (IJ) decision removing him to Haiti. Delvois’s petition for review was converted from a habeas corpus petition filed pursuant to 28 U.S.C. § 2241 in the Eastern District of New York. See Rosales v. Bureau of Immigration and Customs Enforcement, 426 F.3d 733, 736 (5th Cir. 2005), cert. denied, — U.S. —, 126 S.Ct. 1055, 163 L.Ed.2d 882 (2006).

Delvois has previously filed a petition for review in this court, which was dismissed for lack of jurisdiction. Delvois v. Ashcroft, No. 04-60699 (5th Cir. Nov. 2, 2004) (unpublished). We lack jurisdiction under 8 U.S.C. § 1252(d)(2) to consider a second petition for review. See Restrepo v. Winfrey, 162 Fed.Appx. 311, 313 (5th Cir.2006).

Accordingly, Delvois’s petition for review is DISMISSED for lack of jurisdiction. Delvois’s motion for release pending appeal is DENIED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be *234 published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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194 F. App'x 233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delvois-v-gonzales-ca5-2006.

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