Hugo Rene Salvatierra-Cermeno v. Alberto Gonzales, Attorney General

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-Cermeño 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, Phoenix Division. See Molina-Camacho, 393 F.3d at 942 ; 28 U.S.C. § 1631 . Upon transfer, Salvatierra-Cermeño may make any necessary amendments to perfect the form of the petition.

TRANSFERRED.