Cardenas-Perez v. Dobre

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-40636
Summary Calendar
EMILIO CARDENAS-PEREZ,
Petitioner-Appellant,
versus
JONATHAN DOBRE,
Respondent-Appellee.
Appeal from the United States District Court
For the Eastern District of Texas
USDC No. 01-CV-663
January 23, 2003
Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
Petitioner Emilio Cardenas-Perez, immigration detainee
# 06519-0000, appeals the district court’s denial of his petition
for a writ of habeas corpus pursuant to 28 U.S.C. § 2241.
Cardenas, a Cuban national, arrived in the United States in 1980
with the Mariel boatlift. Cardenas, together with the other
*
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should not be published and is not precedent except under the limited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.
Mariel Cubans, was determined by the Immigration and
Naturalization Service to be excludable and was placed on
immigration parole. He has been detained in federal custody
since 1990 following his parole from a state criminal conviction.
He has received regular parole review but has been denied
release. Relying on Zadvydas v. Davis,1 Cardenas contends that
his continued detention violates his constitutional rights.
The district court did not err in determining that Cardenas
is not entitled to relief.2 Although Zadvydas held that a
deportable alien may contest his continued detention in a
28 U.S.C. § 2241 proceeding, the Court distinguished the status
of deportable aliens from that of excludable aliens like
Cardenas.3 Cardenas’ petition is governed by Gisbert.
AFFIRMED.
1
533 U.S. 678 (2001).
2
See Gisbert v. U.S. Attorney Gen., 988 F.2d 1437, 1439 (5th Cir.
1993), amended by Gisbert v. U.S. Attorney Gen., 997 F.2d 1122 (5th Cir.
1993).
3
See Zadvydas, 533 U.S. at 682, 692-94.
2