Orozco-Solis

Orozco-Solis v. Immigration & Naturalization Service

Good Law
143 F. App'x 769
United States Court of Appeals for the Ninth CircuitAugust 4, 2005No. 03-35689California236 words

Opinion

Lead Opinion

MEMORANDUM **

While the district court had jurisdiction pursuant to 8 U.S.C. § 1421 (c) to review the denial of Orozco-Solis' naturalization *770 application, the district court did not have jurisdiction over the merits of Orozco-Solis’ removal order. Only the courts of appeals can directly review final orders of removal. 8 U.S.C. § 1252 (b)(2). The district court’s jurisdiction to review denials of naturalization applications does not encompass the authority to review orders of removal. 8 U.S.C. § 1421 (c); see Bellajaro v. Schiltgen, 378 F.3d 1042, 1047 (9th Cir.2004). Therefore, the district court’s order purporting to reverse the immigration judge is vacated.

Section 1429 of Title 8 did not divest the district court of its jurisdiction. Jurisdiction stripping statutes are interpreted narrowly. Ana Intern., Inc. v. Way, 393 F.3d 886 , 894 (9th Cir.2004). Because 8 U.S.C. § 1421 (c) plainly confers jurisdiction, and the language of 8 U.S.C. § 1429 does not mandate jurisdiction-stripping, section 1429 did not strip the district court of its jurisdiction under section 1421(c). See Bellajaro, 378 F.3d at 1047 . However, because Orozco-Solis was in removal proceedings at the time…

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