Membrado v. Wallis

U.S. Court of Appeals for the Fifth Circuit

Membrado v. Wallis

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-30096 Summary Calendar

TOMAS CHAVEZ MEMBRADO,

Petitioner-Appellant,

versus

ROBERT A. WALLIS, District Director of Immigration and Naturalization Service; DAVID A. WING, Officer in charge of Immigration and Naturalization Service, Bradenton Detention Center,

Respondents-Appellees.

-------------------- Appeal from the United States District Court for the Western District of Louisiana USDC No. 98-CV-1743 -------------------- September 30, 1999

Before JOLLY, JONES, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Tomas Chavez Membrado, #760.07, appeals the district court’s

judgment dismissing his application for a writ of habeas corpus,

which sought review of the immigration judge’s bond determination

and order of deportation. See

28 U.S.C. § 2241

. He argues that

the Immigration and Naturalization Service’s continued detention

of him is unlawful based upon his incarceration for over six

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 99-30096 -2-

months pursuant to an immigration deportation order without his

being deported or released on bond.

Membrado’s claim is not of constitutional magnitude so as to

warrant habeas relief. Further, Membrado’s continued detention

is not unlawful and does not implicate due process concerns.

Gisbert v. United States Attorney General,

988 F.2d 1437, 1447

(5th Cir.), modified,

997 F.2d 1122

(5th Cir. 1993). Finally,

Membrado’s “motion to obtain contract,” which this court treats

as a motion for the production of documents, is denied.

AFFIRMED; MOTION DENIED.

Reference

Status
Unpublished