Hugo Rene Salvatierra-cermeno, Petitioner, v. Alberto Gonzales, Attorney General,* Respondent, 404 F.3d 1119 (9th Cir. 2005)
Annotate this CaseChristopher J. Stender, Esq., Stender & Associates, Phoenix, AZ, for Petitioner.
Regional Counsel, Immigration & Naturalization Service, Laguna Niguel, CA, District Director, Immigration & Naturalization Service, Phoenix, AZ, Richard M. Evans, Esq., David Dauenheimer, Department of Justice, Washington, DC, for Respondent.
Before: PREGERSON, KOZINSKI and 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, Phoenix Division. See Molina-Camacho, 393 F.3d at 942; 28 U.S.C. § 1631. Upon transfer, Salvatierra-Cermeno may make any necessary amendments to perfect the form of the petition.
TRANSFERRED.
Alberto Gonzales is substituted for his predecessor, John Ashcroft, as Attorney General See Fed. R. App. P. 43(c) (2).
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