United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS November 9, 2001 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk

No. 98-21090 Summary Calendar

PRINCE DWIGHT MAX-GEORGE,

Petitioner-Appellant,

versus

JOHN D. ASHCROFT, U.S. Attorney General; RICHARD CRAVENER, District Director,

Respondents-Appellees.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-98-CV-3932 --------------------

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before JOLLY, EMILIO M. GARZA, and BENAVIDES, Circuit Judges.

PER CURIAM:*

The district court’s judgment of December 1, 1998,

dismissing Max-George’s application for a writ of habeas corpus

under

for lack of jurisdiction is VACATED. The

case is REMANDED to the district court for further consideration

consistent with INS v. St. Cyr,

(2001)

and Calcano-Martinez v. INS,

(2001).

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 98-21090 -2-

The Respondents’ motion for leave to file a supplemental

brief and Max-George’s motion for leave to file a response to the

supplemental brief are DENIED. Max-George’s motion for sanctions

under

is not well taken and is DENIED.

VACATED and REMANDED; MOTIONS DENIED.