Danzell vs. Ashcroft, (5th Cir. 2004)

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* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .

R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-20748 Summary Calendar OWIN DANZELL, Petitioner-Appellant, versus JOHN ASHCROFT, U.S. ATTORNEY GENERAL; HIPOLITO M. ACOSTA, Acting District Director of the Houston District Office of The Immigration and Naturalization Service, Respondents-Appellees. Appeal from the United States District Court for the Southern District of Texas USDC No. H-01-CV-3612 February 13, 2003 Before BARKSDALE, DEMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM: * Owin Danzell, a native of Trinidad admitted to the United States in 1989 as a permanent resident alien, appeals the district court§ 2241. Danzell§ 1227(a)(2)(A)(iii) on account of his state cocaine-possession convictions. The district court determined that it lacked jurisdiction to entertain the 28 U.S.C. § 2241 petition because the arguments raised therein had been rejected by this court in dismissing DanzellÂ’s direct petition for review of the deportation order. Alternatively, the district court determined that DanzellÂ’s arguments were foreclosed by this courtÂ’s precedent.

It is unclear from the record w hether Danzell§ 2241 petition concerning whether his state controlled-substance convictions are “aggravated felonies” are foreclosed by this courtÂ’s precedent.

S ee United States v. Hernandez-Avalos , 251 F.3d 505 (5th Cir.), cert. denied 122 S. Ct. 305 (2001); United States v. Hinojosa- Lopez , 130 F.3d 691 (5th Cir. 1997).

AFFIRMED.

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