Salvatierra-Cermeno v. Gonzales

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 14, 2005
• Docket: 03-72059
• Status: Published

Opinion

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

HUGO RENE SALVATIERRA-CERMENO,  Petitioner, No. 03-72059 v.  Agency No. A70-644-226 ALBERTO GONZALES, Attorney General,* ORDER Respondent.  Filed April 15, 2005

Before: Harry Pregerson, Alex Kozinski and Michael Daly Hawkins, Circuit Judges.

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-Cermeno 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, Phoe- nix Division. See Molina-Camacho, 393 F.3d at 942; 28

*Alberto Gonzales is substituted for his predecessor, John Ashcroft, as Attorney General. See Fed. R. App. P. 43(c)(2).

4189 4190 SALVATIERRA-CERMENO v. GONZALES U.S.C. § 1631. Upon transfer, Salvatierra-Cermeno may make any necessary amendments to perfect the form of the petition.

TRANSFERRED. PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON/WEST—SAN FRANCISCO

The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2005 Thomson/West.