Filed: Jul. 10, 2018
Latest Update: Mar. 03, 2020
Summary: Case: 17-30819 Document: 00514548184 Page: 1 Date Filed: 07/10/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 17-30819 Fifth Circuit FILED Summary Calendar July 10, 2018 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk Plaintiff-Appellee v. MOHAMED ADMED HASSAN ABDALLAH OMRAN, Defendant-Appellant Appeal from the United States District Court for the Western District of Louisiana USDC No. 1:14-CR-35-1 Before DAVIS, COSTA, and ENGELHARDT, Circuit Ju
Summary: Case: 17-30819 Document: 00514548184 Page: 1 Date Filed: 07/10/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 17-30819 Fifth Circuit FILED Summary Calendar July 10, 2018 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk Plaintiff-Appellee v. MOHAMED ADMED HASSAN ABDALLAH OMRAN, Defendant-Appellant Appeal from the United States District Court for the Western District of Louisiana USDC No. 1:14-CR-35-1 Before DAVIS, COSTA, and ENGELHARDT, Circuit Jud..
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Case: 17-30819 Document: 00514548184 Page: 1 Date Filed: 07/10/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 17-30819
Fifth Circuit
FILED
Summary Calendar July 10, 2018
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff-Appellee
v.
MOHAMED ADMED HASSAN ABDALLAH OMRAN,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 1:14-CR-35-1
Before DAVIS, COSTA, and ENGELHARDT, Circuit Judges.
PER CURIAM: *
Mohamed Admed Hassan Abdallah Omran, former federal prisoner
# 12752-049 and immigration detainee # A079 680 001, appeals the district
court’s denial of his motion for a writ of coram nobis challenging his conviction
of two counts of failure to depart the United States pursuant to an order of
removal. See 8 U.S.C. § 1253(a)(1)(C). We review the district court’s ultimate
decision to deny coram nobis relief for abuse of discretion. Santos-Sanchez v.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 17-30819 Document: 00514548184 Page: 2 Date Filed: 07/10/2018
No. 17-30819
United States,
548 F.3d 327, 330 (5th Cir. 2008), vacated on other grounds,
559
U.S. 1046 (2010).
Omran raises a number of issues regarding his trial for which he
previously sought relief on direct appeal; they cannot form the basis for coram
nobis relief. See United States v. Esogbue,
357 F.3d 532, 535 (5th Cir. 2004).
Additionally, he argues that the trial court violated his constitutional rights by
denying his motion to subpoena witnesses regarding certain New Hampshire
criminal charges, by failing to enforce certain unidentified subpoenas, and by
failing to consider Omran’s proposed jury instructions. Although Omran knew
of the district court’s actions at the time of trial and thus could have raised
these claims in his direct appeal or a 28 U.S.C. § 2255 motion, he did not do so.
Further, he fails to provide a reason for failing to do so or to explain why no
other remedy was available. Accordingly, coram nobis relief is not appropriate
as to these claims. See
Esogbue, 357 F.3d at 535; United States v. Dyer,
136
F.3d 417, 422 (5th Cir. 1998). Similarly, Omran fails to explain why he did not
previously raise the claim he raises here that his ex parte response to a district
court order constituted a motion pursuant to 8 U.S.C. § 1252(b)(7)(A)
challenging the order of removal underlying the criminal charges in the instant
matter. See
Dyer, 136 F.3d at 427. Omran knew of the claim at the time when
he filed the ex parte response which he now asserts constituted his
§ 1252(b)(7)(A) motion challenging to the underlying removal order, making
coram nobis relief unavailable. See, e.g.,
Esogbue, 357 F.3d at 535;
Dyer, 136
F.3d at 422.
Omran also challenges various unidentified courts’ rejections of his
various unidentified civil suits and efforts for injunctions, as well as our
decision on direct appeal. A coram nobis proceeding is not the proper forum in
which to challenge the decisions of district courts in unrelated civil actions or
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Case: 17-30819 Document: 00514548184 Page: 3 Date Filed: 07/10/2018
No. 17-30819
this court’s decision in his direct appeal. See
Esogbue, 357 F.3d at 534;
Dyer,
136 F.3d at 422.
In light of the foregoing, Omran has failed to show that the district court
abused its discretion in denying his writ of coram nobis. See
Santos-Sanchez,
548 F.3d at 330. The judgment of the district court denying Omran’s motion
for a writ of coram nobis is AFFIRMED.
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