Eneias vs. Thibodeaux, (5th Cir. 1998)

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* P ursuant 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R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the lim ited circumstances set forth in 5 T H C IR . R. 47.5.4. UNITED STATES COURT OF APPEALS FIFTH CIRCUIT No. 98-30292 USDC No. 97-CV-1921 Summary Calendar ORCALINO A. ENEIAS, Petitioner-Appellant, versus A. J. THIBODEAUX; JOHN B. Z. CAPLINGER; IMMIGRATION NATURALIZATION SERVICE, Respondents-Appellees.

Appeal from the United States District Court for the Western District of Louisiana December 15, 1998 Before EMILIO M. GARZA, BENAVIDES, and STEWART, Circuit Judges.

PER CURIAM: * Immigration and Naturalization Service (INS) detainee Orcalino A. Eneias, No. 23717, appeals the dismissal for lack of subject matter jurisdiction of his 28 U.S.C. § 2241 petition challenging the deni al of bond. Because we conclude that Eneias is not entitled to relief under either current or prior law, we pretermit consideration whether recent amendments to the immigratio n laws, contained in the Illegal Immigration Reform and I mmigrant Responsibility Act of 1996, apply to Eneias's case, and AFFIRM.

See 8 U.S.C. § 1252(g ); former 8 U.S.C. § 1252(a)(1)(West 1970)(amended 1996); see also Hernandez-Rodriguez v. Pasquarell , 118 F.3d 1034, 1045 n.16 (5th Cir. 1997)(“Regardless of how the jurisdictional issue is resolved, th e result would be the same: the district court is affirmed. In such circumstances, we have refrained from reaching the jurisdictional question.”).

AFFIRMED.

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