Tijerina v. Department of Homeland Security District Director U.S. Immigration

U.S. Court of Appeals for the Ninth Circuit November 26, 2014

Tijerina v. Department of Homeland Security District Director U.S. Immigration, 585 F. App'x 717 (9th Cir. 2014)

Opinion

MEMORANDUM **

Jose Alfonso Tijerina appeals pro se from the district court’s order denying his petition for a writ of error coram nobis. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the denial of a petition for a writ of error coram nobis, see United States v. Riedl, 496 F.3d 1003, 1005 (9th Cir. 2007), and we affirm.

In his petition, Tijerina contended that he was improperly removed from the United States without receiving a hearing on his claim for relief under the Convention Against Torture. The district court properly declined to entertain Tijerina’s petition because the sole means to challenge an order of removal is by filing a petition for review with the appropriate court of appeals. See 8 U.S.C. § 1252(a)(5) and (b)(9); Martinez v. Napolitano, 704 F.3d 620, 622 (9th Cir. 2012).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name: Jose Alfonso TIJERINA, Petitioner-Appellant, v. DEPARTMENT OF HOMELAND SECURITY DISTRICT DIRECTOR U.S. IMMIGRATION, Respondent-Appellee
Status: Unpublished