Lopez-Jaramillo v. Ashcroft , 92 F. App'x 999 ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 15, 2004
Charles R. Fulbruge III
Clerk
No. 03-30839
Summary Calendar
ALBEIRO ANTONIO LOPEZ-JARAMILLO,
Petitioner-Appellant,
versus
JOHN ASHCROFT; IMMIGRATION AND NATURALIZATION SERVICE;
SOCIAL SECURITY OFFICIALS; JAMES W. ZIGLAR; DAVID VENTURELLA;
JUAN CAMPOS; CARYL THOMPSON; UNITED STATES DEPARTMENT OF
JUSTICE,
Respondents-Appellees.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 03-CV-1013
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Before SMITH, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Albeiro Antonio Lopez-Jaramillo (“Lopez”) appeals from the
district court’s denial of his petition for review of final
decision of removal. A petition for review of a final order of
removal is to be filed in the court of appeals, not in the
district court. See 8 U.S.C. § 1252(b)(2); see also Finlay v.
INS, 210 F.3d 556, 557 (5th Cir. 2000). Thus, the district court
*
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that this opinion should not be published and is not precedent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. 03-30839
-2-
did not have jurisdiction to consider Lopez’ petition for review
of the final decision of removal. We VACATE the district court’s
judgment and REMAND this case in part with instructions for the
district court to dismiss Lopez’ petition for review of the final
order of removal for lack of jurisdiction. We AFFIRM the
district court’s denial of Lopez’ request for Social Security
benefits. See 42 U.S.C. § 402(n)(1); see also Marcello v. Bowen,
803 F.2d 851, 853, 857 (5th Cir. 1986); 20 C.F.R. § 404.464(a).
Lopez has not briefed any arguments regarding the district
court’s denial of his petition for a stay of deportation,
therefore that issue is deemed abandoned. See Yohey v. Collins,
985 F.2d 222, 224-25 (5th Cir. 1993). Lopez’ motions for
appointment of counsel on appeal and to receive social security
benefits are DENIED.
AFFIRMED IN PART; VACATED AND REMANDED IN PART; MOTIONS
DENIED.