Yaw v. Acosta

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT May 5, 2005
Charles R. Fulbruge III
Clerk
No. 04-20611
Summary Calendar
OWUSU YAW
Petitioner - Appellant
v.
HIPOLITO M ACOSTA
Respondent - Appellee
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:04-CV-558
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Before KING, Chief Judge, and JONES and DENNIS, Circuit Judges.
PER CURIAM:*
Owusu Yaw (Yaw), a native and citizen of Ghana who is
subject to a final order of removal issued in 2003, appeals the
district court’s dismissal of his 28 U.S.C. § 2241 application
for a writ of habeas corpus challenging the denial of due process
during his removal proceedings and his mandatory detention under
8 U.S.C. § 1226(c).
Although the district court did not address Yaw’s due
process and mandatory detention claims, we nevertheless affirm
*
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this opinion should not be published and is not precedent except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. 04-20611
-2-
the district court’s dismissal of Yaw’s 28 U.S.C. § 2241application. See Bickford v. Int’l Speedway Corp., 654 F.2d
1028, 1031 (5th Cir. 1981). Yaw failed to make an initial
showing of substantial prejudice as to his due process claim.
See Anwar v. INS, 116 F.3d 140, 144 (5th Cir. 1997). Further,
because Yaw was not detained under 8 U.S.C. § 1226(c) when he
filed the instant 28 U.S.C. § 2241 application, he lacked Article
III standing to challenge his detention under 8 U.S.C. § 1226(c).
See Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 (1992).
Finally, because Yaw did not challenge his post-removal detention
under 8 U.S.C. § 1231(a) in the district court, this court need
not consider it. See Flores-Garza v. INS, 328 F.3d 797, 804 n.7
(5th Cir. 2003).
Accordingly, the district court’s judgment is AFFIRMED.