Chaparro-Hernandez v. Harrington

U.S. Court of Appeals for the Fifth Circuit

Chaparro-Hernandez v. Harrington

Opinion

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 00-10067 Summary Calendar _____________________

CARMELO CHAPARRO-HERNANDEZ,

Petitioner-Appellant,

versus

WILLIAM J. HARRINGTON, District Director of the Dallas Office of Immigration and Naturalization Service,

Respondent-Appellee.

_______________________________________________________

Appeal from the United States District Court for the Northern District of Texas (USDC No. 3:00-CV-47) _______________________________________________________ September 25, 2000

Before REAVLEY, DeMOSS and BENAVIDES, Circuit Judges.

PER CURIAM:*

Carmelo Chaparro-Hernandez appeals the district court’s denial of his motion

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. for a temporary restraining order and application for writ of habeas corpus. We

agree with the district court that it does not have jurisdiction to hear his appeal of

the Immigration Judge’s removal order. See

8 U.S.C. § 1252

(b)(2); Udenze v.

Strapp,

977 F. Supp. 418, 421

(N.D. Tex. 1997). We also agree that it does not

have jurisdiction over his amnesty claim. See McNary v. Haitian Refugee Ctr., Inc.,

498 U.S. 479, 486

(1991) (holding that courts of appeals are the only forums for

judicial review under the Immigration and Reform Act).

AFFIRMED.

2

Reference

Status
Unpublished