Public-domain · open source
OpenJurist

72 F. App'x 51

Naim v. Ashcroft

U.S. Courts of Appeals

Decided July 14, 2003

This page is marked noindex.

U.S. Courts of Appeals · decided 2003-07-14

Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Reginald R. Brinkmann, Jr. v. Dallas County Deputy Sheriff Abner · Navarro-Miranda v. Ashcroft

Decided 2003-07-14

PER CURIAM: *

¶1 Hassan Khalil Naim (Naim) appeals the district court’s denial of his petition for writ of habeas corpus, 28 U.S.C. § 2241. When he filed his petition, Naim was in Immigration and Naturalization Service (INS) custody. He asked the district court to order the INS to release him because he is a United States citizen or national not subject to removal and alleging violations of his rights under the due-process and equal-protection clauses of the Constitution and violations of international law.

¶2 Naim does not challenge the district court’s denial of his habeas petition in his appellate brief. Accordingly, he has abandoned any such challenge. See Brinkmann v. Dallas Cty. Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir.1987). The district court’s judgment is AFFIRMED.

¶3 In his brief, Naim asks this court for a petition for review of the order of removal, pursuant to 8 U.S.C. § 1252(b)(5). However, he has not filed a timely petition. See 8 U.S.C. § 1252(b)(l)-(2). Accordingly, this court lacks jurisdiction to consider the brief as a petition for review. See Navarro-Miranda v. Ashcroft, 330 F.3d 672, 676 (5th Cir.2003).

¶4 AFFIRMED.

*

¶5 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

/72/fappx/51 · .json · Public domain