Naim 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this opinion should not be published and is not precedent except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
July 11, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-30368
Summary Calendar
HASSAN KHALIL NAIM,
Plaintiff-Appellant,
versus
JOHN ASHCROFT; BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 2:02-CV-2528
--------------------
Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Hassan Khalil Naim (Naim) appeals the district court’s denial
of his petition for writ of habeas corpus, 28 U.S.C. § 2241. When
he filed his petition, Naim was in Immigration and Naturalization
Service (INS) custody. He asked the district court to order the
INS to release him because he is a United States citizen or
national not subject to removal and alleging violations of his
rights under the due-process and equal-protection clauses of the
Constitution and violations of international law.
Naim does not challenge the district court’s denial of his

-- 1 of 2 --

2 G:\opin-sc\03-30368.opn.wpd
habeas petition in his appellate brief. Accordingly, he has
abandoned any such challenge. See Brinkmann v. Dallas Cty. Deputy
Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). The district
court’s judgment is AFFIRMED.
In his brief, Naim asks this court for a petition for review
of the order of removal, pursuant to 8 U.S.C. § 1252(b)(5).
However, he has not filed a timely petition. See 8 U.S.C.
§ 1252(b)(1)-(2). Accordingly, this court lacks jurisdiction to
consider the brief as a petition for review. See Navarro-Miranda
v. Ashcroft, F.3d , 2003 WL 21018847, *4 (5th Cir. 2003).
AFFIRMED.

-- 2 of 2 --