
    Jaime Luis FIGUEROA-FRAIRE, # [ AXX-XXX-XXX ], Petitioner—Appellant, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent—Appellee.
    No. 00-57192.
    D.C. No. CV-00-06170-AHM.
    United States Court of Appeals, Ninth Circuit.
    Submitted April 1, 2002.
    
    Decided April 15, 2002.
    Before PREGERSON, TROTT, Circuit Judges, and FITZGERALD, District Judge.
    
      
      This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
    
      
      The Honorable James M. Fitzgerald, Senior District Judge for the District of Alaska, sitting by designation.
    
   ORDER

Because the appellant was not and is not in custody, see Miranda v. Reno, 238 F.3d 1156 (9th Cir.2001), the district court’s decision to dismiss his habeas petition for lack of jurisdiction is affirmed.

AFFIRMED. 
      
       This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
     