Batista-Levya v. INS ( 1996 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-31036
Summary Calendar
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ARMANDO BATISTA-LEVYA, JR.,
Petitioner-Appellant,
versus
IMMIGRATION AND NATURALIZATION SERVICE,
Respondent-Appellee.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 95-CV-122
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April 15, 1996
Before HIGGINBOTHAM, DUHÉ, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:1
Armando Batista-Levya appeals the denial of his petition for
a writ of habeas corpus pursuant to 28 U.S.C. § 2241, in which he
challenged the Board of Immigration Appeals' decision dismissing
his appeal from the immigration judge's order of exclusion.
Batista-Levya argues that he was denied due process of law at his
exclusion hearing due to lack of representation by counsel. An
excludable alien is not entitled to appointed counsel at government
expense at an exclusion hearing. See 8 U.S.C. § 1362; Prichard-
1
Pursuant to Local Rule 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this opinion should not be published and is not precedent except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 Local Rule 47.5.4.
Ciriza v. I.N.S., 978 F.2d 219, 222 (5th Cir. 1992). His assertion
that the immigration judge violated certain sections of the
Immigration Act is not considered for failure to brief it
adequately. See Yohey v. Collins, 985 F.2d 222, 225 (5th Cir.
1993).
Batista-Levya also requests appointment of counsel and an
evidentiary hearing. The motion for appointment of counsel is
DENIED. See Fifth Circuit Plan § 2; Santana v. Chandler, 961 F.2d
514, 516 (5th Cir. 1992). The motion for an evidentiary hearing is
DENIED as unnecessary.
AFFIRMED.