UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 99-60115 Summary Calendar __________________

PHUC CINH XUAN TROUNG,

Petitioner,

versus

IMMIGRATION AND NATURALIZATION SERVICE,

Respondent.

---------------------------------------------------- Petition for Review of an Order of the Board of Immigration Appeals BIA No. A-27-852-607 ---------------------------------------------------- March 9, 2000 Before HIGGINBOTHAM, DeMOSS and STEWART, Circuit Judges:

PER CURIAM:*

Phuc Dinh Xuan Truong, a Vietnamese national, has filed a petition for review of the Board

of Immigration Appeals’ (“BIA”) final order of deportation. Because the petition for review was filed

in excess of 30 days from the BIA’s decision, this court lacks jurisdiction to consider it. See Illegal

Immigration Reform and Immigrant Responsibility Act of 1996 § 309(c)(4)(C). Accordingly, the

petition for review is DISMISSED.

To the extent that Truong’s petition sounds in habeas, it is TRANSFERRED to the United

States District Court for the Western District of Louisiana for disposition.

(b).

Truong’s motion for release on bond pending deportation is similarly TRANSFERRED. Truong’s

motion for leave to amend his pleadings is 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* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. PETITION FOR REVIEW DISMISSED; PETITION FOR WRIT OF HABEAS CORPUS

TRANSFERRED; MOTION FOR RELEASE TRANSFERRED; MOTION TO AMEND DENIED.