Olasebikan v. Ashcroft

U.S. Courts of Appeals

Decided December 5, 2003

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U.S. Courts of Appeals · decided 2003-12-05

Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 8 U.S.C. § 1105A (§ 106 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Cipriano v. Immigration & Naturalization Service

Decided 2003-12-05

PER CURIAM. *

¶1 Sunday Olakanpo Olasebikan, Federal prisoner # 04895-078, has appealed the dismissal, pursuant to Immigration and Nationality Act (“INA”) § 242(a)(2)(B), of his petition for a writ of habeas corpus, under 28 U.S.C. § 2241, challenging the affirmance by the Bureau of Immigration Appeals of the denial of his application under INA § 212(c) for waiver of deportation. Because Olasebikan has departed from the United States, we lack jurisdiction and the appeal must be dismissed. See 8 U.S.C. § 1105a(c) (1994); see also Cipriano v. INS, 24 F.3d 763, 764 (5th Cir.1994).

¶2 APPEAL DISMISSED.

¶3 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cm.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