Ali v. BICE

* 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that this opinion should not be published and is not precedent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
September 3, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-50234
Summary Calendar
JAMAL ALI,
Petitioner-Appellant,
versus
BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT,
Respondent-Appellee.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-02-CV-584-DB
--------------------
Before JOLLY, WIENER and CLEMENT, Circuit Judges.
PER CURIAM:*
Jamal Ali appeals the dismissal of his 28 U.S.C. § 2241
petition. Ali was ordered removed to his native Liberia after
being convicted of a conspiracy to possess pseudoephedrine,
knowing or having reasonable cause to believe that it would be
used to manufacture methamphetamine in violation of 21 U.S.C.
§§ 846 and 841(d)(2). As Ali pleaded guilty to violating
provisions of the Controlled Substances Act, his crime is a drug

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No. 03-50234
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trafficking crime rendering him removable. Cf. United States v.
Hinojosa-Lopez, 130 F.3d 691, 694 (5th Cir. 1997). Because Ali’s
habeas petition relies upon an undisputably meritless legal
theory, his argument is frivolous. As Ali’s petition and appeal
are frivolous, this court does not address any possible
restriction on habeas corpus jurisdiction stemming from the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996. Cf. United States v. Alvarez, 210 F.3d 309, 310 (5th Cir.
2000); United States v. Weathersby, 958 F.2d 65, 66 (5th Cir.
1992). Accordingly, Ali’s appeal is DISMISSED.

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