Garden v. INS

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-31188 Summary Calendar

PAUL GARDEN,

Petitioner-Appellant, versus

IMMIGRATION AND NATURALIZATION SERVICE,

Respondent-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Western District of Louisiana USDC No. 97-CV-399 - - - - - - - - - - April 28, 1998 Before DUHÉ, DeMOSS and DENNIS, Circuit Judges.

PER CURIAM:1

Paul Garden appeals the district court’s order dismissing for

lack of jurisdiction his petition for review of the BIA’s decision

dismissing his appeal of his deportation order. Garden argues

that his petition was a 28 U.S.C. § 2241 federal habeas petition

over which the district court had jurisdiction. Because Garden’s

petition sought review of the BIA’s decision and a stay of the

deportation order, the district court did not err in dismissing the

petition for lack of jurisdiction under 8 U.S.C. § 1105a. Garden’s

motion for extraordinary relief is DENIED.

1 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. -2-

AFFIRMED; MOTION FOR EXTRAORDINARY RELIEF DENIED.