ORDER AND JUDGMENT *

After examining the briefs and the appellate record, this court has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a)(2); 10th Cir. R. 34.1(G). Accordingly, the case is ordered submitted without oral argument.

Appellant, Oscar Infanzón filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 in the United States District Court for the District of Colorado. In the application, Infanzón asked the district court to stay his removal to Peru until he could pursue a motion to reopen his removal proceedings with the Board of Immigration Appeals (“BIA”). The district court granted Infanzón the relief he sought. Infanzón filed his Motion to Reopen with the BIA on January 24, 2003 and the BIA denied the motion on May 29, 2003. Infanzón filed a petition for review in this court together with a motion seeking a stay of removal while his petition was pending. We denied the motion seeking a stay of removal on October 29, 2003. 1

On September 21, 2004, the district court vacated its stay of removal and dismissed Infanzon’s § 2241 petition on the ground that this court had exclusive jurisdiction. Infanzón filed this appeal. Because we agree with the district court that it lacked jurisdiction to grant or deny Infanzón a stay of removal while his petition for review was pending in this court, we affirm the district court’s order dismissing Infanzon’s § 2241 petition.