UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-6542
CELESTINO L. ORTA,
Petitioner - Appellant,
versus
U.S. IMMIGRATION & NATURALIZATION SERVICE,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Raleigh. W. Earl Britt, Senior Dis-
trict Judge. (CA-99-838-5-BR)
Submitted: August 18, 2000 Decided: October 5, 2000
Before WILKINS, WILLIAMS, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Celestino L. Orta, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Celestino Lagunas Orta seeks to appeal the district court’s
order summarily dismissing his petition for habeas corpus relief
from an order of deportation. Having reviewed the record and the
district court’s order, we conclude that the district court acted
correctly. Because the Immigration and Naturalization Service
began proceedings against Orta before April 1997, the case is
governed by the transitional provisions of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L.
No. 104-208, 110 Stat. 3009. See IIRIRA § 309(a), (c). Under the
transitional provisions, the district court has jurisdiction to
review questions of pure law in a habeas petition filed under 28
U.S.C. § 2241 (1994). Bowrin v. INS, 194 F.3d 483, 489-90 (4th
Cir. 1999). Factual or discretionary issues such as those asserted
here are not subject to review. Id. at 490.
Thus, the district court did not err in dismissing Orta’s
petition for habeas corpus relief, and we deny a certificate of
appealability and dismiss the appeal. We dispense with oral argu-
ment because the facts and legal contentions are adequately pre-
sented in the materials before the court and argument would not aid
the decisional process.
DISMISSED
2