In re: Billy Asemani

• Court: Court of Appeals for the Fourth Circuit
• Decided: July 2, 2025
• Docket: 25-1513
• Status: Unpublished

Opinion

USCA4 Appeal: 25-1513 Doc: 10 Filed: 07/02/2025 Pg: 1 of 3

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 25-1513

In re: BILLY G. ASEMANI,

Petitioner.

On Petition for a Writ of Habeas Corpus.

Submitted: May 22, 2025 Decided: July 2, 2025

Before GREGORY and WYNN, Circuit Judges, and KEENAN, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Billy G. Asemani, Petitioner Pro Se.

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PER CURIAM:

Billy G. Asemani, a native and citizen of Iran, is currently incarcerated in state

custody and under a detainer for his removal upon completion of his sentence. The final

order of removal was entered in 2004. Asemani has now filed a 28 U.S.C. § 2241 petition

and motion to stay his removal from the country. We dismiss the petition for lack of

jurisdiction.

Pursuant to 8 U.S.C. § 1252(a)(5),

[n]otwithstanding any other provision of law . . . , including section 2241 of Title 28, or any habeas corpus provision, and sections 1361 and 1651 of such title, a petition for review filed with the appropriate court of appeals in accordance with this section shall be the sole and exclusive means for judicial review of any order of removal.

However, “the petition for review must be filed not later than 30 days after the date of the

final order of removal.” 8 U.S.C. § 1252(b)(1). “The 30-day deadline is mandatory and

jurisdictional and is not subject to equitable tolling.” Martinez v. Garland, 86 F.4th 561,

567 (4th Cir. 2023) (internal quotation marks omitted). This court may not extend the time

to file a petition for review. Fed. R. App. P. 26(b)(2).

Here, Asemani’s § 2241 petition was filed in 2025, well after the 30-day period for

challenging his 2004 order of removal. We therefore do not have jurisdiction to consider

his petition as a petition for review of the removal order. Asemani argues that he is in

federal custody for purposes of § 2241 because he is under a detainer for his removal.

While Asemani would be in custody for purposes of § 2241, he cannot obtain a review of

his 2004 order of removal by filing a § 2241 petition in this court.

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Moreover, to the extent that Asemani seeks to bring an original § 2241 petition in

this court, we lack jurisdiction to adjudicate such a petition. Section 2241(a) provides that

“the Supreme Court, any justice thereof, the district courts[,] and any circuit judge” may

grant a writ under that section. 28 U.S.C. § 2241(a). Therefore, the statute does not grant

courts of appeals the authority to adjudicate § 2241 petitions. See Dragenice v. Ridge, 389

F.3d 92, 100 (4th Cir. 2004). To the extent that Asemani seeks adjudication of such a

petition by a single circuit judge, he is also not entitled to such relief. “An application for

a writ of habeas corpus must be made to the appropriate district court. If made to a circuit

judge, the application must be transferred to the appropriate district court.” Fed. R. App.

P. 22(a). However, transfer to the district court would not be in the interest justice because

the district court would lack jurisdiction to adjudicate a habeas petition seeking review of

a final order of removal. See 8 U.S.C. § 1252(a)(5); see also 28 U.S.C. § 1631 (providing

for transfer to a court with jurisdiction if it within the interest of justice).

Accordingly, we deny Asemani’s motion to stay his removal and dismiss his § 2241

petition for lack of jurisdiction. We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials before this court and argument

would not aid in the decisional process.

DISMISSED