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74 F. App'x 411

Byfield v. Ashcroft

U.S. Courts of Appeals

Decided September 10, 2003

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U.S. Courts of Appeals · decided 2003-09-10

Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 8 U.S.C. § 1226 (§ 236 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1231 (§ 241 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on De La Teja v. United States

Decided 2003-09-10

PER CURIAM: *

¶1 Paul Byfield appeals pro se the denial of his 28 U.S.C. § 2241 habeas corpus petition, in which he challenges as unconstitutional his confinement pursuant to INA § 236(c), 8 U.S.C. § 1226(c), which mandates detention of deportable aliens before a final order of removal. 1 While this ap *412 peal was pending, however, the Board of Immigration Appeals summarily affirmed Byfield’s order of removal. His detention is now governed by INA § 241, 8 U.S.C. § 1231. Therefore, the only issue raised by Byfield in this appeal, the constitutionality of his treatment under INA § 236(c), is no longer one on which this court can grant him meaningful relief. See De La Teja v. United States, 321 F.3d 1357 (11th Cir.2003). Because there is no longer a ease or controversy, we DISMISS the appeal for want of jurisdiction.

*

¶2 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

1

¶3 . Tide 8 U.S.C. § 1226(c)(1) provides in relevant part:

The Attorney General shall take into custody any alien who SS
*412 (B) is deportable by reason of having committed any offense covered in section 1227-(a)(2)(A)(ii), (A)(iii), (B),(C), or (D) of this title,
when the alien is released, without regard to whether the alien is released on parole, supervised release, or probation, and without regard to whether the alien may be arrested or imprisoned again for the same offense.
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