United States v. Alberto Chavez-Suarez

Case: 17-41219 Document: 00514519304 Page: 1 Date Filed: 06/19/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 17-41219 FILED Summary Calendar June 19, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff−Appellee, versus ALBERTO CHAVEZ-SUAREZ, Defendant−Appellant. Appeals from the United States District Court for the Southern District of Texas No. 7:14-CR-1622-5 Before SMITH, HAYNES, and WILLETT, Circuit Judges. PER CURIAM: * Alberto Chavez-Suarez, federal prisoner #76245-379, was convicted of * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-41219 Document: 00514519304 Page: 2 Date Filed: 06/19/2018 No. 17-41219 conspiracy to possess with intent to distribute 100 kilograms or more of mari- huana. He seeks to proceed in forma pauperis (“IFP”) on appeal of the denial of his motion for declaratory relief. The motion for declaratory relief, based upon an immigration statute, 8 U.S.C. § 1228, was a “meaningless, unauthorized motion” over which the dis- trict court lacked jurisdiction. United States v. Early, 27 F.3d 140, 141-42 (5th Cir. 1994). Chavez-Suarez’s appeal is without arguable merit and therefore is frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). Chavez- Suarez’s motion to proceed IFP is DENIED, and the appeal is DISMISSED as frivolous. See Baugh v. Taylor, 117 F.3d 197, 202 & n.24 (5th Cir. 1997); 5TH CIR. R. 42.2. 2 17-41219 Court of Appeals for the Fifth Circuit ca5 5th Cir. United States v. Alberto Chavez-Suarez 19 June 2018 Non Direct Criminal Unpublished 750fb1d4aa64c2b9044367ffe158e19bcfc442ef

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals