United States v. Victor Robert Nava, Sr., AKA Big Vic, and Victoria Nava, 404 F.3d 1119

United States v. Victor Robert Nava, Sr., AKA Big Vic, and Victoria Nava

404 F.3d 1119

9th Cir.

2005

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Docket

Hugo Rene SALVATIERRA-CERMENO, Petitioner, v. Alberto GONZALES, Attorney General, Respondent.

No. 03-72059

United States Court of Appeals, Ninth Circuit

April 15, 2005

393 F.3d 941

Molina-Camacho v. Ashcroft, 327 F.3d 887, 888 (9th Cir. 2003).

The case, presently set for oral argument on April 15, 2005, in San Francisco, California, is removed from the oral argument calendar.

VACATED and REMANDED.

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.

Before: PREGERSON, KOZINSKI and HAWKINS, Circuit Judges.

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-Cermeno 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 ; 28 U.S.C. § 1631. Upon transfer, Salvatierra-Cermeno may make any necessary amendments to perfect the form of the petition.

TRANSFERRED.

* Alberto Gonzales is substituted for his predecessor, John Ashcroft, as Attorney General. See Fed. R. App. P. 43(c)(2).