Zahariev
Zahariev v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
Bojidar Zahariev, a native of Bulgaria and a citizen of Canada, appeals the dismissal of his 28 U.S.C. § 2241 petition by the district court. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm.
Zahariev contends that the district court erroneously determined that it did not have jurisdiction over his nationality claims. We disagree. 8 U.S.C. § 1252 (b)(5) is the exclusive means of determining United States citizenship for aliens in removal proceedings, and such claims must be brought in the court of appeals. See Taniguchi v. Schultz, 303 F.3d 950, 955 (9th Cir.2002). Accordingly, the district court properly determined that it did not have habeas jurisdiction over these claims. See id. Though Zahariev contends that we should transfer his § 2241 petition to ourselves, we decline to do so because the requirements of 28 U.S.C. § 1631 have not been met. See 28 U.S.C. § 1631 ; see also Perdomo-Padilla v. Ashcroft, 333 F.3d 964, 969-70 (9th Cir.2003), ce rt. denied, 540 U.S. 1104 , 124 S.Ct. 1041 , 157 L.Ed.2d 887 (2004) (holding that a person may become a “national of the United States” only through birth or naturalization).