Abel Chaves Baeta v. Roseanne C. Sonchik Immigration and Naturalization Service

In this appeal, we consider whether the district court properly dismissed for lack of jurisdiction a petition for habeas corpus seeking review of a final removal order. We conclude that, under the circumstances presented by this case, transfer to the Court of Appeals is appropriate under 28 U.S.C. § 1631 . After consideration on the merits, we deny the petition for review.

I

Abel Chaves Baeta was born in Portugal in 1959 and entered the United States as a lawful permanent resident on May 19, 1967. In 1993, he was convicted in the State of California of committing lewd acts upon a child, his stepdaughter, in violation of Cal.Penal Code § 288(a). He was sentenced to six years in prison. In 1997, the Immigration and Naturalization Service (“INS”) served Baeta with a notice to appear in immigration court for removal proceedings based upon that conviction. This action provoked a series of administrative motions and actions which need not be detailed here. Relevant for our purposes, Baeta argued at his removal hearing that he was not subject to removal based on the conviction and that he was an American citizen based on his grandmother’s citizenship. The immigration judge denied his…