IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-20643 Summary Calendar

CLIFFORD JOGIE, Petitioner-Appellant, versus UNITED STATES DEPARTMENT OF JUSTICE - INS DIVISION, Respondent-Appellee. ____________________________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. H-01-CV-446 ____________________________________________ December 14, 2001 Before POLITZ, SMITH, and BARKSDALE, Circuit Judges.

PER CURIAM:* The district court’s judgment of March 26, 2001, dismissing Clifford Jogie’s application for a writ of habeas corpus under 28 U.S.C. § 2241 for lack of

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. jurisdiction is VACATED and the matter is REMANDED for further consideration in light of INS v. St. Cyr 1 and Calcano-Martinez v. INS.2 VACATED and REMANDED.

121 S. Ct. 2271, 2278-87 (2001). 121 S. Ct. 2268, 2270 (2001).