UNITED STATES v. CHAVEZ SUAREZ (2018)

Alberto Chavez-Suarez, federal prisoner #76245-379, was convicted of conspiracy to possess with intent to distribute 100 kilograms or more of marihuana. 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 district 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.

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PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.