Olasebikan 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this opinion should not be published and is not precedent except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
December 5, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-30309
Summary Calendar
SUNDAY OLAKANPO OLASBIKAN,
Petitioner-Appellant,
versus
JOHN ASHCROFT; DORIS MEISSNER; BUREAU OF IMMIGRATION AND
CUSTOMS ENFORCEMENT; EDWARD MCELROY; CHRISTINE G. DAVIS,
Respondents-Appellees.
--------------------
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 02-CV-2607
--------------------
Before HIGGINBOTHAM, DAVIS, and PRADO, Circuit Judges.
PER CURIAM:*
Sunday Olakanpo Olasebikan, Federal prisoner # 04895-078,
has appealed the dismissal, pursuant to Immigration and
Nationality Act (“INA”) § 242(a)(2)(B), of his petition for a
writ of habeas corpus, under 28 U.S.C. § 2241, challenging the
affirmance by the Bureau of Immigration Appeals of the denial of
his application under INA § 212(c) for waiver of deportation.
Because Olasebikan has departed from the United States, we lack

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No. 03-30309
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jurisdiction and the appeal must be dismissed. See 8 U.S.C.
§ 1105a(c) (1994); see also Cipriano v. INS, 24 F.3d 763, 764
(5th Cir. 1994).
APPEAL DISMISSED.

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