IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-20748
Summary Calendar
OWIN DANZELL,
Petitioner-Appellant,
versus
JOHN ASHCROFT, U.S. ATTORNEY GENERAL; HIPOLITO M. ACOSTA,
Acting District Director of the Houston District Office of
The Immigration and Naturalization Service,
Respondents-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CV-3612
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February 13, 2003
Before BARKSDALE, DEMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Owin Danzell, a native of Trinidad admitted to the United
States in 1989 as a permanent resident alien, appeals the district
court’s denial of his petition for a writ of habeas corpus pursuant
to 28 U.S.C. § 2241. Danzell’s petition challenged an order of
deportation in which it was determined that he was removable as an
aggravated felon pursuant to 8 U.S.C. § 1227(a)(2)(A)(iii) on
*
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that this opinion should not be published and is not precedent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.
account of his state cocaine-possession convictions. The district
court determined that it lacked jurisdiction to entertain the
28 U.S.C. § 2241 petition because the arguments raised therein had
been rejected by this court in dismissing Danzell’s direct petition
for review of the deportation order. Alternatively, the district
court determined that Danzell’s arguments were foreclosed by this
court’s precedent.
It is unclear from the record whether Danzell’s direct
petition for review to this court raised the same issues asserted
in the instant petition for a writ of habeas corpus. In any event,
the arguments Danzell raised in his 28 U.S.C. § 2241 petition
concerning whether his state controlled-substance convictions are
“aggravated felonies” are foreclosed by this court’s precedent.
See United States v. Hernandez-Avalos, 251 F.3d 505 (5th Cir.),
cert. denied 122 S. Ct. 305 (2001); United States v. Hinojosa-
Lopez, 130 F.3d 691 (5th Cir. 1997).
AFFIRMED.
2