Wynter v. Luna

114 F. App'x 847

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 9, 2004
• Docket: No. 03-16458
• Status: Published

Opinion

MEMORANDUM

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Arizona prisoner Derrick George Wynter appeals pro se the district court’s judgment denying his 28 U.S.C. § 2241 petition for lack of jurisdiction. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.

Wynter contends that he is not removable because he is a national of the United States. The district court correctly dismissed Wynter’s petition because it had no jurisdiction to address his claim. See 8 U.S.C. § 1252(b)(5).

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.