United States v. 2005-04-14 | 03-72059 | SALVATIERRA-CERMENO VGONZALES | precedential | opinion |

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 HUGO RENE SALVATIERRA-CERMENO,
Petitioner, No. 03-72059
v. Agency No.
 A70-644-226ALBERTO GONZALES, Attorney
General,* ORDER
Respondent. 
Filed April 15, 2005
Before: Harry Pregerson, Alex Kozinski and
Michael Daly 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, Phoe-
nix Division. See Molina-Camacho, 393 F.3d at 942; 28
*Alberto Gonzales is substituted for his predecessor, John Ashcroft, as
Attorney General. See Fed. R. App. P. 43(c)(2).
4189

-- 1 of 4 --

U.S.C. § 1631. Upon transfer, Salvatierra-Cermeno may make
any necessary amendments to perfect the form of the petition.
TRANSFERRED.
4190 SALVATIERRA-CERMENO v. GONZALES

-- 2 of 4 --

-- 3 of 4 --

PRINTED FOR
ADMINISTRATIVE OFFICE—U.S. COURTS
BY THOMSON/WEST—SAN FRANCISCO
The summary, which does not constitute a part of the opinion of the court, is copyrighted
© 2005 Thomson/West.

-- 4 of 4 --