Cristiano

MEMORANDUM **

Horacio Patricio Cristiano, a native and citizen of Argentina, appeals pro se the district court’s judgment denying his 28 U.S.C. § 2241 petition. Under the circumstances present in this case, we find that transfer to the Court of Appeals is appropriate under 28 U.S.C. § 1631 , cf. Acevedo-Carranza v. Ashcroft, 371 F.3d 539, 541-43 (9th Cir.2004). Accordingly, we vacate the district court’s judgment, transfer the petition, and treat appellant’s section 2241 petition as a petition for review. After consideration on the merits, we deny the petition for review.

Cristiano first contends that he is not subject to removal because he is a lawful permanent resident. The record belies his contention and demonstrates that Cristiano’s application to become a lawful permanent resident was never adjudicated.

Cristiano next contends that he is entitled to the Immigration and Nationality Act § 212(c) waiver. However, because Cristiano was not a lawful permanent resident, this relief is unavailable to him. See 8 U.S.C. § 1182 (c) (repealed).

Cristiano finally contends that he is entitled to relief under the Convention Against Torture. Substantial evidence supports the…