Nguyen v. U S Dept of Justice ( 1998 )

UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT
_________________
No. 97-30777
(Summary Calendar)
_________________
HIEU NGOC NGUYEN,
Petitioner-Appellant,
versus
UNITED STATES DEPARTMENT OF JUSTICE;
IMMIGRATION AND NATURALIZATION SERVICE,
Respondents-Appellees.
Appeal from the United States District Court
for the Western District of Louisiana
(96-CV-1106)
March 25, 1998
Before WIENER, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Hieu Ngoc Nguyen, Immigration and Naturalization Service
(“INS”) detainee #23687, appeals the district court’s judgment
denying his petition for a writ of habeas corpus pursuant to 28
U.S.C. § 2241. Nguyen argues that under 8 U.S.C. § 1252(c), which
was in effect when he was found to be deportable, he could be
*
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that this opinion should not be published and is not precedent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.
incarcerated for only six months without being deported or released
on bond. He further argues that the Antiterrorism and Effective
Death Penalty Act and the Illegal Immigration Reform and Immigrant
Responsibility Act (“IIRIRA”) should not be applied retroactively
to his case. He also argues that if the IIRIRA Transition Period
Custody Rules are applied to him, he is entitled to be released on
bond because he is not a danger to the community and he is likely
to appear at any future immigration proceedings. Under 8 U.S.C.
§ 1252(g), as amended by IIRIRA, we lack jurisdiction to review
Nguyen’s appeal. See 8 U.S.C. § 1252(g). We accordingly dismiss
Nguyen’s appeal for lack of jurisdiction.
APPEAL DISMISSED.
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