Narvaez Bacilima v. Garland

Case: 23-1472 Document: 5 Page: 1 Filed: 04/25/2023

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

______________________

LUIS ANGEL NARVAEZ BACILIMA,

Petitioner v.

MERRICK B. GARLAND, Attorney General,

Respondent ______________________

2023-1472 ______________________

Petition for review of the Board of Immigration Ap- peals in No. A208-355-620.

______________________ ON MOTION ______________________

Before DYK, TARANTO, and STOLL, Circuit Judges. PER CURIAM.

ORDER

Luis Angel Narvaez Bacilima petitioned this court to review an order of the Board of Immigration Appeals. In response to the court’s February 23, 2023, order to show cause, the Attorney General moves to transfer this petition to the United States Court of Appeals for the Second Cir- cuit. Mr. Narvaez Bacilima has not responded.

Case: 23-1472 Document: 5 Page: 2 Filed: 04/25/2023 2 NARVAEZ BACILIMA v. GARLAND

This court’s jurisdiction is limited and does not include immigration appeals. Cf. 28 U.S.C. § 1295; see Herrera-Al- cala v. Garland, 39 F.4th 233, 241 n.2 (4th Cir. 2022) (not- ing same). Rather, petitions for review of orders of the Board “shall be filed with the court of appeals for the judi- cial circuit in which the immigration judge completed the proceedings.” 8 U.S.C. § 1252(b)(2). Because Mr. Narvaez Bacilima’s removal proceedings occurred in New York, we agree with the Attorney General and transfer this petition to the United States Court of Appeals for the Second Cir- cuit pursuant to 28 U.S.C. § 1631.

Accordingly, IT IS ORDERED THAT:

The motion is granted. The appeal and all its filings are transferred to the United States Court of Appeals for the Second Circuit pursuant to 28 U.S.C. § 1631.

FOR THE COURT April 25, 2023 /s/ Peter R. Marksteiner

Date Peter R. Marksteiner

Clerk of Court