Salvatierra-Cermeno
Salvatierra-Cermeno v. Gonzales
Opinion
Opinion
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
HUGO RENE SALVATIERRA-CERMENO,
Petitioner, No. 03-72059 v. Agency No.
A70-644-226
ALBERTO 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;
*Alberto Gonzales is substituted for his predecessor, John Ashcroft, as Attorney General. See Fed. R.…