Tercero-Aranda v. Ashcroft ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS October 27, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-50470
Summary Calendar
ROQUE TERCERO-ARANDA,
Petitioner-Appellant,
versus
JOHN ASHCROFT, U.S. ATTORNEY GENERAL,
Respondent-Appellee.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-02-CV-241-DB
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Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Roque Tercero-Aranda, Texas prisoner # 805045, was ordered
deported in absentia in April 1993. In June 1997, while Tercero
was a pretrial detainee in Texas on state charges of burglary of
a habitation, the Immigration and Naturalization Service lodged a
detainer against him. Tercero filed a habeas corpus petition
under 28 U.S.C. § 2241 alleging that, by the terms of the
detainer lodged against him, he should have been released from
*
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that this opinion should not be published and is not precedent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.
No. 03-50470
-2-
state custody into the custody of the INS within 48 hours of the
detainer having been lodged. He also alleged that the Attorney
General took technical custody of him at that time and that the
Attorney General has engaged in affirmative misconduct by failing
to remove him to Mexico within 90 days of having taken custody of
him.
Tercero contends that the district court failed to liberally
construe his pro se pleadings. We conclude that this contention
is unsupported by the record. We further conclude that the INS
detainer lodged against Tercero did not have the effect that he
understood it to have. See 8 C.F.R. § 287.7(a) and (d). Tercero
has not shown that the district court erred in dismissing his
28 U.S.C. § 2241 petition. See 8 U.S.C. § 1231(a)(4)(A); Warren
v. Miles, 230 F.3d 688, 691 (5th Cir. 2000).
AFFIRMED.