U.S. Court of Appeals for the Ninth Circuit, 2005

Hugo Rene Salvatierra-Cermeno v. Alberto Gonzales, Attorney General

U.S. Court of Appeals for the Ninth Circuit · Decided April 15, 2005 · Pregerson, Kozinski, Hawkins

404 F.3d 1119; 2005 U.S. App. LEXIS 6334; 2005 WL 927414 (Federal Reporter, Third Series)

Counsel

Christopher 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.

Cases that cite this one

3 later published cases cite this decision.

Nkele v. Gonzales (9th Cir. 2005)
Partida-Serrano v. Gonzales (9th Cir. 2005)
Viana v. Gonzales (9th Cir. 2005)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

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-Cermeño 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-Cermeño may make any necessary amendments to perfect the form of the petition.

TRANSFERRED.

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