J. Sanchez v. Eric Holder, Jr. , 456 F. App'x 445 ( 2012 )

Case: 11-20246 Document: 00511712911 Page: 1 Date Filed: 01/04/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
January 4, 2012
No. 11-20246
Summary Calendar Lyle W. Cayce
Clerk
MR. J. JESUS GALVAN SANCHEZ,
Petitioner-Appellant
v.
ERIC H HOLDER, JR.,
Respondent-Appellee
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:11-CV-1038
Before REAVLEY, SMITH, and PRADO, Circuit Judges.
PER CURIAM:*
J. Jesus Galvan Sanchez, a native and citizen of Mexico in the midst of
removal proceedings, filed a 28 U.S.C. § 2241 petition in the district court,
arguing that he could not be removed from the United States because he was not
an aggravated felon under 8 U.S.C. § 1227(a)(2)(A)(iii). He sought termination
of the removal proceedings and release from custody. The district court
concluded that pursuant to the REAL ID Act, it was without subject matter
jurisdiction to consider Sanchez’s petition.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
Case: 11-20246 Document: 00511712911 Page: 2 Date Filed: 01/04/2012
No. 11-20246
Sanchez argues here that the REAL ID Act is unconstitutional. Sanchez
did not present this argument in the district court. Because Sanchez’s argument
regarding the constitutionality of the REAL ID Act is raised for the first time on
appeal, this court need not consider it. See Leverette v. Louisville Ladder Co.,
183 F.3d 339, 342 (5th Cir. 1999).
AFFIRMED.
2