Sanchez v. Ashcroft , 111 F. App'x 772 ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT November 5, 2004
Charles R. Fulbruge III
Clerk
No. 04-20269
Summary Calendar
ALEJANDRO SANCHEZ,
Petitioner-Appellant,
versus
JOHN ASHCROFT, U. S. ATTORNEY GENERAL,
Respondent-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:02-CV-4964
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Before JOLLY, HIGGINBOTHAM, and SMITH, Circuit Judges.
PER CURIAM:*
Alejandro Sanchez, a native and citizen of Mexico, appeals
the district court’s denial and dismissal of his 28 U.S.C. § 2241
petition for writ of habeas corpus. By failing to challenge to
the district court’s dismissal of his claim that the immigration
judge erred in denying him relief from removal, Sanchez has
waived that issue. See Brinkmann v. Dallas County Deputy Sheriff
Abner, 813 F.2d 744, 748 (5th Cir. 1987).
*
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this opinion should not be published and is not precedent except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. 04-20269
-2-
Sanchez does challenge the district court’s determination
that the Board of Immigration Appeals’ (“BIA”) summary affirmance
procedure does not violate his constitutional right to due
process. Sanchez’ argument is foreclosed by this court’s
decision in Soadjede v. Ashcroft, 324 F.3d 830 (5th Cir. 2003).
Moreover, one panel of this court may not overrule another.
See United States v. Darrington, 351 F.3d 632, 634 (5th Cir.
2003), cert. denied, ___ U.S. ___, 124 S. Ct. 2429 (2004).
Accordingly, the judgment of the district court is AFFIRMED.