Filed: Mar. 23, 2001
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-50396 Summary Calendar ANSELMO MEDINA-REMIGIO, Petitioner-Appellant, versus DANIEL F. SOLIS, District Director of the U.S. Immigration & Naturalization Service, San Antonio District; MARY ANN WYRSCH, ACTING COMMISSIONER, Immigration & Naturalization Service; THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, Respondents-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-50396 Summary Calendar ANSELMO MEDINA-REMIGIO, Petitioner-Appellant, versus DANIEL F. SOLIS, District Director of the U.S. Immigration & Naturalization Service, San Antonio District; MARY ANN WYRSCH, ACTING COMMISSIONER, Immigration & Naturalization Service; THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, Respondents-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No...
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-50396
Summary Calendar
ANSELMO MEDINA-REMIGIO,
Petitioner-Appellant,
versus
DANIEL F. SOLIS, District Director of the U.S. Immigration &
Naturalization Service, San Antonio District; MARY ANN WYRSCH,
ACTING COMMISSIONER, Immigration & Naturalization Service; THE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW,
Respondents-Appellees.
- - - - - - - - - -
Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-99-CV-1182-FB
- - - - - - - - - -
March 21, 2001
Before DAVIS, JONES, and DeMOSS, Circuit Judges.
PER CURIAM:*
Anselmo Medina-Remigio (Medina) appeals the district court’s
dismissal of his 28 U.S.C. § 2241 petition for lack of subject-
matter jurisdiction. Medina argues that habeas corpus
jurisdiction was proper in the district court. He also argues
the merits of his petition.
Medina was held to be removable based on his conviction for
transporting an undocumented alien within the United States in
*
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that this opinion should not be published and is not precedent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.
No. 00-50396
-2-
violation of 8 U.S.C. § 1324(a)(1)(A)(ii). Although that offense
would not have been an “aggravated felony” under the Immigration
and Nationality Act (INA) when Medina committed the crime and
pleaded guilty, it became an “aggravated felony” under the INA as
amended in 1996 by the Illegal Immigration Reform and Immigrant
Responsibility Act (IIRIRA). See 8 U.S.C. § 1101(a)(43)(N). The
IIRIRA eliminates § 2241 habeas corpus jurisdiction for aliens
removable for having committed aggravated felonies without regard
to the date of commission. 8 U.S.C. § 1252(a)(2)(C); Max-George
v. Reno,
205 F.3d 194, 199 (5th Cir.), petition for cert. filed,
(U.S. Aug. 23, 2000) (No. 00-6280). Because Medina is an alien
whose removal is based on the commission of an aggravated felony
within 8 U.S.C. § 1252(a)(2)(C), the district court lacked
subject-matter jurisdiction to consider his petition.
Medina has also filed a motion to stay the appeal pending
the Supreme Court’s decisions in St. Cyr v. INS,
229 F.3d 406 (2d
Cir. 2000), cert. granted,
121 S. Ct. 848 (2001); and Calcano-
Martinez v. INS,
232 F.3d 328 (2d Cir. 2000), cert. granted,
121
S. Ct. 849 (2001). The grant of certiorari in those two cases
does not vacate this circuit’s precendent. See Wicker v.
McCotter,
798 F.2d 155, 157-58 (5th Cir. 1986).
Accordingly, the district court’s judgment of dismissal is
AFFIRMED; the motion for a stay is DENIED.