Michael Telemaque v. USA

Filing

UNPUBLISHED OPINION FILED. [16-31001 Affirmed] Judge: PEH , Judge: EHJ , Judge: JES. Mandate pull date is 10/06/2017; denying motion to allow attachment to brief as a supplement filed by Appellant Mr. Michael Phillip Telemaque [8389657-2]; denying motion for punitive damages and for unconstitutional detention filed by Appellant Mr. Michael Phillip Telemaque [8371152-2]; denying motion to have record of related case amended to the case on appeal with the record from 2:11-CR-259-1 WDLA Lake Charles (Appeal number 13-31008) filed by Appellant Mr. Michael Phillip Telemaque [8330663-2]; denying motion to appoint counsel filed by Appellant Mr. Michael Phillip Telemaque [8327946-2]; denying motion for bail pending appeal filed by Appellant Mr. Michael Phillip Telemaque [8308310-2] [16-31001]

Case: 16-31001

Document: 00514117105

Page: 1

Date Filed: 08/15/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit

FILED

No. 16-31001
Summary Calendar

August 15, 2017
Lyle W. Cayce
Clerk

MICHAEL PHILLIP TELEMAQUE,
Petitioner-Appellant
v.
UNITED STATES OF AMERICA,
Respondent-Appellee
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 2:16-CV-375
Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.
PER CURIAM: *
Michael Phillip Telemaque, formerly federal prisoner # 52332-004, was
convicted of four counts of failing to depart and was sentenced to 57 months of
imprisonment and three years of supervised release.

Telemaque filed a

pleading in which he argued that the district court lacked jurisdiction to
convict and sentence him and that Immigration and Customs Enforcement

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-31001

Document: 00514117105

Page: 2

Date Filed: 08/15/2017

No. 16-31001
lacks jurisdiction to remove him. The district court construed his pleading as
a 28 U.S.C. § 2241 petition and denied it. Telemaque appeals that ruling.
The district court did not err in dismissing the portion of Telemaque’s
pleading that challenged the validity of his conviction and sentence. See Pack
v. Yusuff, 218 F.3d 448, 452 (5th Cir. 2000).

The district court lacked

jurisdiction to consider Telemaque’s challenge to the validity of his order of
removal, and the district court did not err in dismissing this portion of
Telemaque’s pleading.

See 8 U.S.C. § 1252(a)(5); Rosales v. Bureau of

Immigration & Customs Enf’t, 426 F.3d 733, 736 (5th Cir. 2005). We need not
decide whether Telemaque appropriately sought to challenge his detention
under Zadvydas v. Davis, 533 U.S. 678 (2001), because he offers no meaningful
argument on appeal.
The judgment of the district court is AFFIRMED. Telemaque’s motions
for release on bail pending appeal, appointment of counsel, supplementation of
the record with the record of his underlying criminal case, as well as his motion
for punitive damages and unconstitutional detention are DENIED.

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