Delvois v. Gonzales

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 18, 2006
Charles R. Fulbruge III
Clerk
No. 05-60990
Summary Calendar
OLWIDCH DELVOIS,
Petitioner,
versus
ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL,
Respondent.
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Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A42 850 309
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Before SMITH, STEWART and PRADO, Circuit Judges.
PER CURIAM:*
Olwidch Delvois petitions this court for review of the Board
of Immigration Appeals’s (BIA) order that dismissed for lack of
jurisdiction his appeal from the Immigration Judge’s (IJ)
decision removing him to Haiti. Delvois’s petition for review
was converted from a habeas corpus petition filed pursuant to 28
U.S.C. § 2241 in the Eastern District of New York. See Rosales
v. Bureau of Immigration and Customs Enforcement, 426 F.3d 733,
736 (5th Cir. 2005), cert. denied, 126 S. Ct. 1055 (2006).
*
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this opinion should not be published and is not precedent except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. 05-60990
-2-
Delvois has previously filed a petition for review in this
court, which was dismissed for lack of jurisdiction. Delvois v.
Ashcroft, No. 04-60699 (5th Cir. Nov. 2, 2004) (unpublished). We
lack jurisdiction under 8 U.S.C. § 1252(d)(2) to consider a
second petition for review. See Restrepo v. Winfrey, 162 F.
App’x 311, 313 (5th Cir. 2006).
Accordingly, Delvois’s petition for review is DISMISSED for
lack of jurisdiction. Delvois’s motion for release pending
appeal is DENIED.