1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 THOMAS MAVUNGO, Case No.: 19cv1431-LAB (JLB)

12 Petitioner, ORDER OF DISMISSAL 13 v. 14 JEFFERSON SESSIONS III, 15 Respondent. 16 17 18 Petitioner Thomas Mavungo (also identified as Thomas Mavungu or 19 Mavungo Thomas) filed a petition for writ of habeas corpus under 28 U.S.C. 20 § 2241, asking that he be granted asylum and that his order of removal not be 21 carried out. He has apparently already sought removal by a petition for review, 22 unsuccessfully. 23 This Court has no jurisdiction to review final orders of removal under § 2241. 24 See Puri v. Gonzales,

(9th Cir. 2006); Alvarez-Barajas v. 25 Gonzales,

(9th Cir. 2005). Federal jurisdiction is presumed 26 to be lacking, Kokkonen v. Guardian Life Ins. Co. of Am.,

(1994), 27 and the party invoking the Court’s jurisdiction must establish it. See Spokeo, Inc. 28 v. Robins,

(2016).The Court therefore ordered Mr. Mavungo 1 ||to show cause why this case should not be dismissed for lack of jurisdiction. The 2 ||Court instructed him to address jurisdiction, not the merits of his asylum claim. 3 Mavungo has now filed his response, which addresses only the merits of his 4 ||claim. Although his story is very moving, the Court has no power to hear his claim 5 grant him any relief. Tne Court has ordered that his former lawyer be notified 6 || about this case. 7 This action is DISMISSED FOR LACK OF JURISDICTION. 8 9 IT IS SO ORDERED. 10 ||Dated: September 16, 2019 11 / rt 4 ‘Z, Ye 12 Hon. Ldrry Alan Burns 43 Chief United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28