Rodrigo Solano-Rivera v. Eric Holder, Jr.

MEMORANDUM

Petitioner Rodrigo Solano-Rivera challenges a February 2007 Board of Immigration Appeals (“BIA”) decision affirming the Immigration Judge’s (“IJ”) denial of his requests for asylum, withholding of removal, and protection under the Convention Against Torture.

As Petitioner recognized in his supplemental brief, we lack jurisdiction under 8 U.S.C. § 1252 to review either the February 2007 BIA decision, or the February 2009 BIA decision affirming denial of voluntary departure. See Pet’r Supp. Brief, at 1. Our intervening en banc decision in Abdisalan v. Holder, 774 F.3d 517 (9th Cir.2014), does not disrupt our line of cases holding that a remand by the BIA to an IJ solely to consider voluntary departure does not affect the finality of the BIA’s decision for purposes of our review. See id. at 526 n. 8; see also Pinto v. Holder, 648 F.3d 976, 986 (9th Cir.2011).

Petitioner asks that we transfer his case to the district court under 28 U.S.C. § 1631 so that he may challenge the order of removal under 28 U.S.C. § 2241 .

A habeas petition generally may not be used to contest an order of removal. See 8 U.S.C. § 1252 (a)(5). Petitioner asserts his case is different because,…