Richard Jesso Billuk v. RICHARD CATERISANO, District Director

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7480
RICHARD JESSO BILLUK,
Petitioner - Appellant,
versus
RICHARD CATERISANO, District Director,
Respondent - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Richard D. Bennett, District Judge. (CA-
04-2334-1-RDB)
Submitted: January 27, 2005 Decided: February 3, 2005
Before LUTTIG and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Richard Jesso Billuk, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Richard Jesso Billuk seeks to appeal the district court’s
order dismissing a 28 U.S.C. § 2241 (2000) petition for lack of
jurisdiction. The § 2241 petition, filed by Redina Perez, Billuk’s
fiancé seeking to act as his “next friend,” seeks to enjoin the
Department of Homeland Security from deporting Billuk to his native
country of Guam. The district court dismissed the action stating
that Perez lacked standing, and that she failed to establish her
status as Billuk’s “next friend” because she offered no explanation
as to why Billuk was unable to file on his own behalf. Billuk now
appeals. However, because Billuk was not a party to or an
intervenor in the proceeding filed by Perez, he lacks standing to
challenge the decision on appeal. Davis v. Scott, 176 F.3d 805,
807 (4th Cir. 1999) (holding that a prisoner lacked standing to
appeal the district court’s dismissal of a habeas petition filed by
his wife, acting “on behalf of” her husband). Accordingly, we
dismiss this appeal. We dispense with oral argument because the
facts and legal contentions are adequately presented in the
materials before the court and argument would not aid the
decisional process.
DISMISSED

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