Byfield v. Ashcroft, et al

United States Court of Appeals
Fifth Circuit
F I L E D
September 9, 2003
Charles R. Fulbruge III
Clerk
In the
United States Court of Appeals
for the Fifth Circuit
_______________
m 02-30813
_______________
PAUL ANTHONY BYFIELD,
Petitioner-Appellant,
VERSUS
JOHN ASHCROFT; JOHN W. ZIGLAR; CHRISTINE G. DAVIS; EDWARD MCELROY;
BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT,
Respondents-Appellees.
_________________________
Appeal from the United States District Court
for the Western District of Louisiana
m 02–CV–19
_________________________
Before JOLLY, SMITH, and
EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Paul Byfield appeals pro se the denial of his
28 U.S.C. § 2241 habeas corpus petition, in
which he challenges as unconstitutional his
confinement pursuant to INA § 236(c),
8 U.S.C. § 1226(c), which mandates detention
of deportable aliens before a final order of re-
moval.1 While this appeal was pending,
* Pursuant to 5TH CIR. R. 47.5, the court has de-
termined that this opinion should not be published
and is not precedent except under the limited cir-
cumstances set forth in 5TH CIR. R. 47.5.4.
1 Title 8 U.S.C. § 1226(c)(1) provides in rele-
(continued...)

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2
however, the Board of Immigration Appeals
summarily affirmed Byfield’s order of removal.
His detention is now governed by INA § 241,
8 U.S.C. §1231. Therefore, the only issue
raised by Byfield in this appeal, the con-
stitutionality of his treatment under INA
§ 236(c), is no longer one on which this court
can grant him meaningful relief. See de la
Teja v. United States, 321 F.3d 1357 (11th
Cir. 2003). Because there is no longer a case
or controversy, we DISMISS the appeal for
want of jurisdiction.
1 (...continued)
vant part:
The Attorney General shall take into cus-
tody any alien who SS
. . .
(B) is deportable by reason of having com-
mitted any offense covered in section 1227-
(a)(2)(A)(ii), (A)(iii), (B),(C), or (D) of this
title,
. . .
when the alien is released, without regard to
whether the alien is released on parole,
supervised release, or probation, and with-
out regard to whether the alien may be ar-
rested or imprisoned again for the same
offense.

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