Idokogi v. Ashcroft, et al

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
April 26, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-30721
Summary Calendar
DUNCAN VICTOR AYEMERE IDOKOGI,
Petitioner-Appellant,
versus
JOHN ASHCROFT, U. S. ATTORNEY GENERAL; KEVIN D. ROONEY; EDWARD
J. MCELROY; BENEDICT FERRO; CARYL G. THOMPSON, Acting District
Director; UNITED STATES DEPARTMENT OF JUSTICE,
Respondents-Appellees.
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Appeal from the United States District Court
for the Western District of Louisiana
(02-CV-205)
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Before JOLLY, WIENER, and PICKERING, Circuit Judges.
PER CURIAM:*
Petitioner-Appellant Duncan Victor Ayemere Idokogi appeals the
district court’s denial of his petition for habeas corpus relief,
under 28 U.S.C. § 2241, from an order of removal pursuant to 8
U.S.C. § 1227(a)(2)(A)(iii). As an initial matter, the district
court had jurisdiction over the issues raised in this habeas
petition. See INS v. St. Cyr, 533 U.S. 289, 314 (2001).

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2
Idokogi’s argument that his prior convictions for theft do not
qualify as aggravated felonies under the Immigration and
Naturalization Act is meritless. Each prior conviction involved
the receipt of stolen property, and he was sentenced to
imprisonment for a term of at least one year on each conviction.
See Lopez-Elias v. Reno, 209 F.3d 788, 791 (5th Cir. 2000); 8
U.S.C. § 1101(a)(43)(G).
Idokogi’s arguments surrounding the process he received at the
removal proceeding is likewise without merit, as he fails to make
a showing of substantial prejudice. See Anwar v. INS, 116 F.3d
140, 144 (5th Cir. 1997). As Idokogi is not entitled to habeas
relief from the removal order, neither is he entitled to have his
removal held in abeyance while he collaterally challenges his 1998
conviction.
AFFIRMED.

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