Hugo Rene Salvatierra-Cermeno v. Alberto Gonzales, Attorney General

Ninth Circuit

Hugo Rene Salvatierra-Cermeno v. Alberto Gonzales, Attorney General

404 F.3d 1119, 2005 U.S. App. LEXIS 6334, 2005 WL 927414

Court of Appeals for the Ninth Circuit·Decided April 15, 2005·No. 03-72059·Published·Cited by 3 cases

Opinion

ORDER

We vacated submission in this case pending the resolution of Molina-Camacho v. Ashcroft, 393 F.3d 937 (9th Cir.2004), and now order this case submitted.

The BIA had no authority to issue an order removing Salvatierra-Cermeño to Guatemala. See Molina-Camacho, 393 F.3d at 941. However, because 8 U.S.C. § 1252 gives us jurisdiction to review only final orders of removal, we lack jurisdiction to consider Salvatierra-Cermeno’s petition for review. We therefore treat the petition as a petition for writ of habeas corpus under 28 U.S.C. § 2241 and transfer it to the United States District Court for the District of Arizona, Phoenix Division. See Molina-Camacho, 393 F.3d at 942; 28 U.S.C. § 1631. Upon transfer, Salvatierra-Cermeño may make any necessary amendments to perfect the form of the petition.

TRANSFERRED.

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ORDER

We vacated submission in this case pending the resolution of Molina-Camacho v. Ashcroft, 393 F.3d 937 (9th Cir.2004), and now order this case submitted.

The BIA had no authority to issue an order removing Salvatierra-Cermeño to Guatemala. See Molina-Camacho, 393 F.3d at 941. However, because 8 U.S.C. § 1252 gives us jurisdiction to review only final orders of removal, we lack jurisdiction to consider Salvatierra-Cermeno’s petition for review. We therefore treat the petition as a petition for writ of habeas corpus under 28 U.S.C. § 2241 and transfer it to the United States District Court for the District of Arizona, Phoenix Division. See Molina-Camacho, 393 F.3d at 942; 28 U.S.C. § 1631. Upon transfer, Salvatierra-Cermeño may make any necessary amendments to perfect the form of the petition.

TRANSFERRED.

Hugo Rene Salvatierra-Cermeno v. Alberto Gonzales, Attorney General, 404 F.3d 1119, 2005 U.S. App. LEXIS 6334, 2005 WL 927414 (9th Cir. 2005).

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