Truong v. INS ( 2000 )

UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 99-60115
Summary Calendar
__________________
PHUC CINH XUAN TROUNG,
Petitioner,
versus
IMMIGRATION AND NATURALIZATION SERVICE,
Respondent.
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Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A-27-852-607
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March 9, 2000
Before HIGGINBOTHAM, DeMOSS and STEWART, Circuit Judges:
PER CURIAM:*
Phuc Dinh Xuan Truong, a Vietnamese national, has filed a petition for review of the Board
of Immigration Appeals’ (“BIA”) final order of deportation. Because the petition for review was filed
in excess of 30 days from the BIA’s decision, this court lacks jurisdiction to consider it. See Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 § 309(c)(4)(C). Accordingly, the
petition for review is DISMISSED.
To the extent that Truong’s petition sounds in habeas, it is TRANSFERRED to the United
States District Court for the Western District of Louisiana for disposition. 28 U.S.C. § 2241(b).
Truong’s motion for release on bond pending deportation is similarly TRANSFERRED. Truong’s
motion for leave to amend his pleadings is DENIED.
*
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5th Cir. R.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.
PETITION FOR REVIEW DISMISSED; PETITION FOR WRIT OF HABEAS CORPUS
TRANSFERRED; MOTION FOR RELEASE TRANSFERRED; MOTION TO AMEND DENIED.