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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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- Unpublished