DEMIRCHYAN v. Holder, 641 F.3d 1141

Demirchyan sought review of a district court nationality determination under 8 U.S.C. § 1252(b)(5)(B).
The Ninth Circuit transferred the case to the district court for a de novo review of Demirchyan's citizenship claim and held the petition in abeyance.
The district court later held Demirchyan is not a U.S. citizen and returned the case to the Ninth Circuit.
The government moved to dismiss for lack of jurisdiction due to no notice of appeal from the district court ruling.
The Ninth Circuit denied the motion, holding no notice of appeal was required to review the district court's §1252(b)(5)(B) transfer determination.
The court gave Demirchyan 40 days to move for voluntary dismissal or show cause regarding adoption of the district court’s findings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is a notice of appeal required to review a district court judgment under §1252(b)(5)(B) transfer?	Demirchyan	Demurrer (government)	No; no notice required.
Does Campbell v. Blodgett govern review of §1252(b)(5)(B) transfers as limited remands?	Demirchyan	Government	Yes; transfer is reviewable without separate appeal.
Should the petition be dismissed for lack of jurisdiction due to the transfer mechanism?	Demirchyan	Government	Denied; jurisdiction exists to review the district court determination.

Campbell v. Blodgett, 998 F.2d 763 (9th Cir. 1993) (findings by district court on limited remand not separately appealable; transfer under §1252(b)(5)(B) treated similarly)