Opinions of the United 2007 Decisions States Court of Appeals for the Third Circuit

3-20-2007

Bazuaye v. Secretary Homeland Precedential or Non-Precedential: Non-Precedential

Docket No. 07-1183

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Recommended Citation "Bazuaye v. Secretary Homeland" (2007). 2007 Decisions. Paper 1451. http://digitalcommons.law.villanova.edu/thirdcircuit_2007/1451

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

NO. 07-1183 ________________

JEROMI BAZUAYE,

Appellant

v.

SECRETARY MICHAEL CHERTOFF, Department of Homeland Security; ALBERTO GONZALES, Attorney General of the United States; JOHN P. TORRES, Action Director Office of Detention and Removal Bureau of Immigration and Custons Enforcement; CHRISTOPHER SHANAHAN, Field Officer, Director, Detention and Removal Bureau of Immigration and Customs Enforcement; WILLIAM FRASER, Warden, Monmouth County Jail ____________________________________

On Appeal From the United States District Court For the District of New Jersey (D.C. Civ. No. 06-CV-01028) District Judge: Honorable Dickinson R. Debevoise _______________________________________

Submitted For Possible Summary Action Under Third Circuit LAR 27.4 and I.O.P. 10.6 March 1, 2007

Before: RENDELL, SMITH AND JORDAN, CIRCUIT JUDGES

(Filed: March 20, 2007)

_______________________

OPINION _______________________ PER CURIAM

Jeromi Bazuaye appeals from an order of the United States District Court for the

District of New Jersey, denying his motions for a temporary restraining order barring his

removal and for release pending appeal. In his motions, Bazuaye sought an order

granting a stay of his removal pursuant to the order of the Board of Immigration Appeals

(BIA), and sought to be released from immigration custody pending appeal. As the

District Court noted in its opinion, at the time Bazuaye filed his motions, this Court had

already transferred Bazuaye’s petition for review of the BIA’s order to the United States

Court of Appeals for the Second Circuit. As venue was no longer proper in this circuit,

the District Court properly denied his motions.

The District Court’s order will be affirmed.

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