IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 99-30972 Summary Calendar _____________________

BOBBY ODUS,

Plaintiff-Appellant,

versus

IMMIGRATION AND NATURALIZATION SERVICE,

Defendant-Appellee. _________________________________________________________________

Appeal from the United States District Court for the Western District of Louisiana USDC No. 99-CV-913 _________________________________________________________________ July 27, 2000

Before JOLLY, DAVIS, and DUHÉ, Circuit Judges.

PER CURIAM:*

Bobby Odus appeals from the district court’s dismissal of his

habeas corpus petition, filed pursuant to

, for

lack of subject matter jurisdiction. He has also filed a habeas

corpus petition, pursuant to § 2241, and a motion to appoint

counsel in this court.

The “permanent rules” of the Illegal Immigration Reform and

Immigrant Responsibility Act of 1996 (“IIRIRA”) eliminated § 2241

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

(a)(2)(C). Max-George v. Reno,

(5th Cir.

2000). Odus’s case is governed by the “permanent rules” because

his deportation proceedings commenced after April 1, 1997. See

Max-George,

n.3. His case also falls within

§ 1252(a)(2)(C) because he was convicted of a felony involving

fraud or deceit in which the loss to the victims exceeded $10,000.

See

(a)(43)(M), 1227(a)(2)(A)(iii). Accordingly,

the district court’s dismissal of Odus’s § 2241 petition for lack

of subject matter jurisdiction is AFFIRMED, Odus’s § 2241 habeas

corpus petition is DISMISSED, and his motion to appoint counsel is

DENIED.

2