Hugo Rene Salvatierra-Cermeno v. Alberto Gonzales, Attorney General
This text of 404 F.3d 1119 (Hugo Rene Salvatierra-Cermeno v. Alberto Gonzales, Attorney General) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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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404 F.3d 1119, 2005 U.S. App. LEXIS 6334, 2005 WL 927414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hugo-rene-salvatierra-cermeno-v-alberto-gonzales-attorney-general-ca9-2005.