IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-30500 Summary Calendar

STEPHEN SMITH, Petitioner-Appellant, versus IMMIGRATION AND NATURALIZATION SERV.; RICHARD WALL, Warden, Avoyelles Parish Jail, Respondents-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Louisiana USDC No. 96-CV-2582 - - - - - - - - - - March 24, 1998 Before POLITZ, Chief Judge, DUHE’ and BARKSDALE, Circuit Judges.

PER CURIAM:* AFFIRMED. See 5th Cir. R. 47.6. PENDING MOTION DENIED.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.