Luis Angel Narvaez Bacilima v. MERRICK B. GARLAND, Attorney General

23-1472Court of Appeals for the Federal CircuitApr 25, 2023

Full text

N OTE: This order is nonprecedential.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 D YK, T ARANTO, and STOLL , Circuit Judges.
P ER CURIAM .
O R D E R
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: 1 Filed: 04/25/2023

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NARVAEZ BACILIMA v. GARLAND 2
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,
I T I S O RDERED T HAT :
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.
April 25, 2023
Date
F OR THE COURT
/s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court
Case: 23-1472 Document: 5 Page: 2 Filed: 04/25/2023

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