Ibe v. Caterisano ( 2000 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-7282
EVANS O. IBE,
Plaintiff - Appellant,
versus
RICHARD CATERISANO, Acting District Director,
Immigration and Naturalization Service,
Defendant - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Marvin J. Garbis, District Judge. (CA-99-
2256-MJG)
Submitted: January 21, 2000 Decided: January 28, 2000
Before NIEMEYER, WILLIAMS, and MOTZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Evans O. Ibe, Appellant Pro Se. Michael Peter Lindemann, Sr., Ethan
B. Kanter, Office of Immigration Litigation, UNITED STATES DEPART-
MENT OF JUSTICE, Washington, D.C., for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Evans O. Ibe, a citizen of Nigeria, appeals from the district
court’s order dismissing his 28 U.S.C. § 2241 (1994) petition for
lack of subject matter jurisdiction. The petition sought review of
a 1992 final order of deportation issued by the Board of Imm-
igration Appeals (Board) and of the Board’s 1999 order denying
Ibe’s motion to reopen. The district court dismissed the petition
because § 242(g) of the Immigration and Nationality Act, 8 U.S.C.A.
§ 1252(g) (West 1999), removed jurisdiction of the federal courts
over final orders of deportation. Ibe filed a timely notice of ap-
peal. Ibe has also filed in this court a motion for the prepara-
tion of transcripts at government expense.
An alien detained under a final order of deportation may seek
review of issues of pure law through a petition filed under § 2241.
See Bowrin v. INS, 194 F.3d 483 (4th Cir. 1999). Nevertheless, Ibe
has failed to raise in his petition any issues of pure law over
which the district court had jurisdiction. We affirm the district
court’s order for that reason. We deny Ibe’s motion for prepara-
tion of a transcript at government expense. A transcript of Ibe’s
deportation proceedings is in the administrative record, and that
record is before the court. We dispense with oral argument because
the facts and legal contentions are adequately presented in the ma-
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terials before the court and argument would not aid the decisional
process.
AFFIRMED
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