Augustine Ikolo v. Kevin McAleenan, Acting Secy ( 2019 )

Case: 19-60343 Document: 00515161171 Page: 1 Date Filed: 10/16/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 19-60343 October 16, 2019
Summary Calendar
Lyle W. Cayce
Clerk
AUGUSTINE DAFE IKOLO, also known as Marcus Brown,
also known as Mbuthelezi Mwokwena, also known as Frank Bones,
also known as Daffy,
Petitioner,
versus
KEVIN K. MCALEENAN,
Acting Secretary, U.S. Department of Homeland Security,
Respondent.
Petition for Review of an Order of
the Board of Immigration Appeals
No. A 204 754 480
Before DAVIS, SMITH, and HIGGINSON, Circuit Judges.
PER CURIAM: *
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in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: 19-60343 Document: 00515161171 Page: 2 Date Filed: 10/16/2019
No. 19-60343
Augustine Ikolo, a native and citizen of Nigeria, petitions for review of
an expedited removal order of the Department of Homeland Security (“DHS”).
In response to DHS’s Notice of Intent to Issue a Final Administrative Removal
Order, Ikolo requested withholding of removal under the Convention Against
Torture. Ikolo contends that the DHS ignored his response and has failed to
give him notice of any reasonable-fear proceedings. The government moves to
dismiss for want of jurisdiction.
We have jurisdiction to review a removal order that is “final.” See Flores-
Ledezma v. Gonzales, 415 F.3d 375, 380 (5th Cir. 2005). Regardless of the
parties’ agreement that Ikolo’s reasonable-fear interview has not been sched-
uled since his request for withholding of removal in May, we lack jurisdiction
to consider the petition for review because reasonable-fear proceedings have
not yet concluded. See Ponce-Osorio v. Johnson, 824 F.3d 502, 505−06 (5th Cir.
2016). Accordingly, the motion to dismiss is GRANTED, and the petition is
DISMISSED.
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