ALD-151 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 18-3516 ___________ IFEANYICHUKWU ERIC ABAKPORO, Appellant v. FEDERAL BUREAU OF PRISONS; WARDEN MOSHANNON VALLEY CORRECTIONAL CENTER ____________________________________ On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. Civ. No. 3-17-cv-00225) District Judge: Honorable Kim R. Gibson ____________________________________ Submitted on Appellees’ Motion for Summary Action, Appellant’s Cross-Motion for Summary Action, and for Possible Dismissal Under 28 U.S.C. § 1915(e)(2) and Possible Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6 April 4, 2019 Before: MCKEE, SHWARTZ and BIBAS, Circuit Judges (Opinion filed May 2, 2019 ) _________ OPINION* _________ * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. PER CURIAM Ifeanyichukwu Eric Abakporo appeals from the denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2241. We will grant appellees’ motion for summary action and affirm. See 3d Cir. L.A.R. 27.4 (2010); 3d Cir. I.O.P. 10.6. I. In 2013, Abakporo was found guilty of charges relating to bank fraud and wire fraud in the United States District Court for the Southern District of New York. That court sentenced him to 72 months in prison and ordered him to pay approximately $2.5 million in restitution. Abakporo is currently pursuing relief from his sentence in his sentencing court under 28 U.S.C. § 2255. Abakporo is a national of Nigeria and is not a citizen of the United States. (He also is a lawyer.) Thus, his convictions potentially have immigration consequences. The Bureau of Immigration and Customs Enforcement (“ICE”) has lodged an immigration detainer with the Bureau of Prisons (“BOP”) against Abakporo, so it appears that ICE might institute a removal proceeding. The BOP also has classified Abakporo as a “deportable alien” under BOP Program Statement 5100.08 for its internal purposes. At issue here is a § 2241 petition that Abakporo filed in his district of confinement. He claimed that the BOP erred in classifying him as a deportable alien because his convictions do not qualify as removable offenses under the Immigration and Nationality Act (“INA”). In particular, he claimed that they do not qualify as “fraud or deceit” aggravated felonies as defined in 8 U.S.C. § 1101(a)(43)(M)(i), because they did not result in more than $10,000 in loss to his victims. Abakporo further claimed that the 2 BOP’s allegedly erroneous classification deprived him of opportunities for speedier release from prison. Thus, he sought a declaration that the BOP erred in deeming him removable under § 1101(a)(43)(M)(i). The District Court, acting on a Magistrate Judge’s recommendation, denied Abakporo’s petition on various grounds. Abakporo appeals pro se, and the parties have filed cross-motions for summary action.1 II. We will grant appellees’ motion, deny Abakporo’s, and affirm. As the District Court implicitly recognized, Abakporo’s claim fails to state a basis for habeas relief in this context and adjudicating it in this context would circumvent the framework that Congress ...
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