Scribd Logo
Upload

Welcome to Scribd!

  • 40 views

    Olabode Olatoni Olugboyega v. Paul Guzik and Immigration and Naturalization Service, 107 F.3d 21, 10th Cir. (1997)

    Uploaded by

    Scribd Government Docs
    This order from the United States Court of Appeals for the Tenth Circuit denies Olabode Olatoni Olugboyega's application for a certificate of appealability to appeal the district court's denial of his habeas corpus petition. The district court dismissed the petition for lack of jurisdiction, as Olugboyega failed to exhaust his administrative remedies. The district court also found that the Immigration and Naturalization Service had only placed a detainer on Olugboyega and not issued a final deportation order. The Tenth Circuit agrees that Olugboyega has not made a substantial showing that his constitutional rights were denied.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd

    Olabode Olatoni Olugboyega v. Paul Guzik and Immigration and Naturalization Service, 107 F.3d 21, 10th Cir. (1997)

    Uploaded by

    Scribd Government Docs
    40 views2 pages
    This order from the United States Court of Appeals for the Tenth Circuit denies Olabode Olatoni Olugboyega's application for a certificate of appealability to appeal the district court's denial of his habeas corpus petition. The district court dismissed the petition for lack of jurisdiction, as Olugboyega failed to exhaust his administrative remedies. The district court also found that the Immigration and Naturalization Service had only placed a detainer on Olugboyega and not issued a final deportation order. The Tenth Circuit agrees that Olugboyega has not made a substantial showing that his constitutional rights were denied.

    Original Description:

    Filed: 1997-02-18 Precedential Status: Precedential Citations: 107 F.3d 21 Docket: 96-6162

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This order from the United States Court of Appeals for the Tenth Circuit denies Olabode Olatoni Olugboyega's application for a certificate of appealability to appeal the district court's denial of his habeas corpus petition. The district court dismissed the petition for lack of jurisdiction, as Olugboyega failed to exhaust his administrative remedies. The district court also found that the Immigration and Naturalization Service had only placed a detainer on Olugboyega and not issued a final deportation order. The Tenth Circuit agrees that Olugboyega has not made a substantial showing that his constitutional rights were denied.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    40 views2 pages

    Olabode Olatoni Olugboyega v. Paul Guzik and Immigration and Naturalization Service, 107 F.3d 21, 10th Cir. (1997)

    Uploaded by

    Scribd Government Docs
    This order from the United States Court of Appeals for the Tenth Circuit denies Olabode Olatoni Olugboyega's application for a certificate of appealability to appeal the district court's denial of his habeas corpus petition. The district court dismissed the petition for lack of jurisdiction, as Olugboyega failed to exhaust his administrative remedies. The district court also found that the Immigration and Naturalization Service had only placed a detainer on Olugboyega and not issued a final deportation order. The Tenth Circuit agrees that Olugboyega has not made a substantial showing that his constitutional rights were denied.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    of 2

    107 F.

    3d 21
    97 CJ C.A.R. 283
    NOTICE: Although citation of unpublished opinions remains unfavored,
    unpublished opinions may now be cited if the opinion has persuasive value on a
    material issue, and a copy is attached to the citing document or, if cited in oral
    argument, copies are furnished to the Court and all parties. See General Order of
    November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or
    further order.

    Olabode Olatoni OLUGBOYEGA, Petitioner-Appellant,


    v.
    Paul GUZIK and Immigration and Naturalization Service,
    Respondents-Appellees.
    No. 96-6162.

    United States Court of Appeals, Tenth Circuit.


    Feb. 18, 1997.

    ORDER*
    Before TACHA, BALDOCK, and LUCERO, Circuit Judges.**
    BALDOCK, Circuit Judge.

    This matter is before the court on Petitioner Olabode Olatoni Olugboyega's


    application for a certificate of probable cause to appeal the district court's
    denial of his 28 U.S.C. 2241 petition for a writ of habeas corpus. We treat the
    application as an application for a certificate of appealability under Lennox v.
    Evans, 87 F.3d 431 (10th Cir.1996), cert. denied, 65 U.S.L.W. (U.S. Jan. 13,
    1997) (No. 96-6621). Because Petitioner has not made a substantial showing of
    the denial of a constitutional right, we deny his application and dismiss the
    appeal.

    Petitioner is serving a 43-month sentence for conspiracy to transport stolen


    vehicles and altering vehicle identification numbers. Petitioner does not
    challenge his conviction and sentence. He instead contends that he has been
    denied participation in an urban work center as well as furlough and halfway

    house programs in violation of his equal protection and due process rights.
    3

    The Magistrate Judge recommended dismissing the petition for multiple


    jurisdictional defects, including Petitioner's failure to exhaust administrative
    remedies. See Williams v. O'Brien, 792 F.2d 986, 987 (10th Cir.1986) (per
    curiam); see also United States v. Woods, 888 F.2d 653, 654 (10th Cir.1989),
    cert. denied, 494 U.S. 1006 (1990). The district court reviewed the Magistrate
    Judge's recommendation, considered Petitioner's objections, and dismissed the
    petition for jurisdictional defects. The district court further found that
    Respondent Immigration and Naturalization Service only placed a detainer on
    Petitioner, and ruled that a detainer is not a final order of deportation subject to
    habeas review. See Galaviz-Medina v. Wooten, 27 F.3d 487, 493 (10th
    Cir.1994) (noting that a detainer usually only serves as a notice to prison
    authorities that the INS is going to be making a decision about the deportability
    of the alien in the future), cert. denied, 115 S.Ct. 741 (1995). Moreover, the
    district court agreed with the Magistrate Judge in concluding that Petitioner's
    claims were meritless, regardless of the jurisdictional defects.

    We have reviewed the Magistrate Judge's report and recommendation, the


    district court's order, Petitioner's objections and brief on appeal, and the entire
    record before us. Petitioner merely reurges the same arguments rejected by the
    Magistrate Judge and the district court. We conclude that Petitioner has failed to
    make a substantial showing of the denial of a constitutional right for the reasons
    set forth in the Magistrate Judge's report and recommendation and the district
    court's order. See Hogan v. Zavaras, 93 F.3d 711, 712 (10th Cir.1996).
    Accordingly, we deny Petitioner's application for a certificate of appealability
    and dismiss the appeal.

    APPLICATION DENIED AND APPEAL DISMISSED.

    This order is not binding precedent, except under the doctrines of law of the
    case, res judicata, and collateral estoppel. The court generally disfavors the
    citation of orders and judgments; nevertheless, an order and judgment may be
    cited under the terms and conditions of 10th Cir. R. 36.3

    **

    After examining the briefs and appellate record, this panel has determined
    unanimously that oral argument would not materially assist the determination
    of this appeal. See Fed. R.App. P. 34(a); 10th Cir. R. 34.1.9. The case therefore
    is ordered submitted without oral argument

    You might also like