Benn 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that this opinion should not be published and is not precedent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
December 5, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-30114
Summary Calendar
NICO BENN,
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 Louisiana
USDC No. 02-CV-388
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Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Nico Benn appeals the district court’s denial of his 28
U.S.C. § 2241 petition which challenged his post-removal-order
detention by the Immigration and Naturalization Service (INS).
The district court did not err in denying the petition. Gisbert
v. United States Attorney General, 988 F.2d 1437, 1440 (5th Cir.
1993), amended by 997 F.2d 1122 (5th Cir. 1993). Benn’s post-
removal-order detention was authorized under 8 U.S.C.

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No. 03-30114
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§ 1231(a)(1)(C). Benn’s incomplete and conflicting statements to
the INS hampered the INS’s ability to effectuate removal and
served to extend the removal period of 8 U.S.C. 1231(a)(1)(A).
Balogun v. INS, 9 F.3d 347, 350-51 (5th Cir. 1993). The judgment
of the district court is AFFIRMED.

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