Umuzayire v. Ashcroft

U.S. Court of Appeals for the Fifth Circuit October 30, 2003

Umuzayire v. Ashcroft, 79 F. App'x 651 (5th Cir. 2003)

Opinion

PER CURIAM. *

Plaintiff-Appellant Carine Liliane Umuzayire appeals from the district court’s dismissal of her declaratory-judgment action for lack of subject-matter jurisdiction. Umuzayire argues that the district court had jurisdiction to review her asylum application.

Because Umuzayire is required to exhaust her administrative remedies by re *652 newing her request for asylum in the context of removal proceedings, the district court did not have jurisdiction over the present case. See Kashani v. Nelson, 793 F.2d 818, 826-27 (7th Cir. 1986). As the district court lacked jurisdiction, we too lack jurisdiction and therefore must dismiss Umuzayire’s appeal.

AFFIRMED DISMISSED.

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name: Carine Liliane UMUZAYIRE, Plaintiff-Appellant, v. Hipolito ACOSTA, Interim District Director, Bureau of Citizenship and Immigration Services, Houston, Texas, Defendant-Appellee
Status: Unpublished