Vasquez-Cruz v. Attorney General of the United States

156 F. App'x 699

• Court: Court of Appeals for the Fifth Circuit
• Decided: December 9, 2005
• Docket: 05-10103
• Status: Unpublished

Opinion

PER CURIAM: *

Jose Angel Vasquez-Cruz appeals the district court’s dismissal of his petition for habeas corpus for lack of jurisdiction. We affirm for the following reasons:

1. Section 1252(b)(5) of Title 8 is the exclusive statutory method of determining Vasquez-Cruz’s claim of citizenship; and this claim must be brought as a petition for review of a final order of removal in this Court. Petitioner failed to assert his claim of United States national status in this Court within thirty days of the final order of removal. See 8 U.S.C. § 1252(b)(1). In fact, Vasquez-Cruz formally waived his right to appeal the February 20, 2002 immigration judge’s order of removal and was removed to Mexico on February 21, 2002. The thirty-day deadline for filing a petition for review of a final order of removal is jurisdictional. 8 U.S.C. § 1252(b)(1); Navarro-Miranda v. Ashcroft, 330 F.3d 672, 676 (5th Cir.2003).

2. Because we could have determined Vaquez-Cruz’s claim on direct review, and he failed to pursue that avenue of relief before filing his habeas petition in the district court, dismissal of his habeas petition is appropriate. See Lee v. Gonzales, 410 F.3d 778, 785 (5th Cir.2005).

AFFIRMED.

* Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.