Public-domain · open source
OpenJurist

97 F. App'x 512

Rodriguez-Ucles v. Ashcroft

U.S. Courts of Appeals

Decided May 26, 2004

This page is marked noindex.

U.S. Courts of Appeals · decided 2004-05-26

Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Yohey v. Collins

Decided 2004-05-26

PER CURIAM: *

¶1 Maria Teresa Rodriguez-Ucles (“Uncles”) petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of her motion to reconsider its dismissal of her appeal. Rodriguez’s appeal was dismissed for failure to file a separate written brief or statement after indicating on the notice of appeal that one would be filed. In her petition for review, Rodriguez asserts that she is entitled to an adjustment in status and argues at length that this court has jurisdiction over her claims pursuant to 28 U.S.C. § 2241. As Rodriguez has not filed a 28 U.S.C. § 2241 petition for writ of habeas corpus, this court does not have jurisdiction pursuant to that statute. Rodriguez offers no argument regarding the denial of her motion for reconsideration. Therefore, she has waived its review. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir.1993).

¶2 Accordingly, the petition for review is DENIED.

*

¶3 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

/97/fappx/512 · .json · Public domain