IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-20748 Summary Calendar

OWIN DANZELL,

Petitioner-Appellant,

versus

JOHN ASHCROFT, U.S. ATTORNEY GENERAL; HIPOLITO M. ACOSTA, Acting District Director of the Houston District Office of The Immigration and Naturalization Service,

Respondents-Appellees.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-01-CV-3612 -------------------- February 13, 2003

Before BARKSDALE, DEMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Owin Danzell, a native of Trinidad admitted to the United

States in 1989 as a permanent resident alien, appeals the district

court’s denial of his petition for a writ of habeas corpus pursuant

to

. Danzell’s petition challenged an order of

deportation in which it was determined that he was removable as an

aggravated felon pursuant to

(a)(2)(A)(iii) on

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. account of his state cocaine-possession convictions. The district

court determined that it lacked jurisdiction to entertain the

petition because the arguments raised therein had

been rejected by this court in dismissing Danzell’s direct petition

for review of the deportation order. Alternatively, the district

court determined that Danzell’s arguments were foreclosed by this

court’s precedent.

It is unclear from the record whether Danzell’s direct

petition for review to this court raised the same issues asserted

in the instant petition for a writ of habeas corpus. In any event,

the arguments Danzell raised in his

petition

concerning whether his state controlled-substance convictions are

“aggravated felonies” are foreclosed by this court’s precedent.

See United States v. Hernandez-Avalos,

(5th Cir.),

cert. denied

(2001); United States v. Hinojosa-

Lopez,

(5th Cir. 1997).

AFFIRMED.

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