Oguguo vs. INS, (5th Cir. 1996)

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* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-30351 Conference Calendar ISAAC OGUGUO, Plaintiff-Appellant, versus IMMIGRATION AND NATURALIZATION SERVICE, NANCY HOOKS, TERRY W. BALLENTINE, JOYCE L. RICHARD, CRAIG A. HARLOW, Defendants-Appellees. Appeal from the United States District Court for the Western District of Louisiana USDC No. 95-CV-1829 June 28, 1996 Before HIGGINBOTHAM, BARKSDALE, and BENAVIDES, Circuit Judges.

PER CURIAM: * Isaac Oguguo, # 14338-039, appeals the dismissal for lack of subject matter jurisdiction of his application for habeas corpus pursuant to 28 U.S.C. § 2241. Oguguo alleges he cannot lawfully be detained for deportation proceedings while his criminal conviction is pending on direct appeal. OguguoÂ’s conviction is no longer pending on direct appeal. See Oguguo v. United States , - 116 S. Ct. 580 (Mem.) (1995), rehÂ’g denied , 116 S. Ct. 830 (Mem) (1996). There is no longer a basis for his requested relief and the appeal is dismissed as moot.

DISMISSED.

No. 96-30351 -

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