Carlos Ramirez-Albarracin v. Loretta E. Lynch

MEMORANDUM

Ramirez appeals the district court’s dismissal of his petition for habeas corpus under 28 U.S.C. § 2241 for lack of jurisdiction. Title 8 U.S.C. § 1252 (a)(5) permits a district court to review claims “independent of challenges to removal orders.” Martinez v. Napolitano, 704 F.3d 620, 622 (9th Cir.2012). Such claims may be brought in district courts through a petition for habeas corpus. See Singh v. Holder, 638 F.3d 1196, 1211 (9th Cir.2011). Claims that are a direct challenge to, or inextricably intertwined with, a removal order, however, must be brought in circuit courts through a petition for review. Id. at 1210 .

Petitioner seeks a court order (1) mandating that the government allow Petitioner to submit a form 1-485 adjustment-of-status application, (2) permitting Petitioner to update his pending form 1-212 permission to reapply for admission after deportation, and (3) directing the government to Anally resolve the 1-212 application. In order for the claims for relief to be granted, however, the government’s Reinstatement Order must necessarily be expunged. Thus, while the action is cloaked as a habeas claim, granting Petitioner’s requested relief would invariably…