Horvat

Horvat v. Gonzales

Good Law
181 F. App'x 664
United States Court of Appeals for the Ninth CircuitMay 19, 2006No. 04-75048California307 words

Opinion

Lead Opinion

MEMORANDUM **

Ljubisa Horvat, a native of the former Yugoslavia and a citizen of Serbia and Montenegro, petitions for review of the Board of Immigration Appeals’ order affirming an immigration judge’s order denying his motion to reopen deportation proceedings to seek adjustment of status. As Horvat’s deportation proceedings were completed in New York, we dismiss the petition for review for lack of jurisdiction. See Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.L. No. 104-208 § 309 (c)(4)(D), 110 Stat. 3009 , 3009-626, as amended by Pub.L. No. 104-302, 110 Stat. 3656 (1996) (“[T]he petition for review shall be filed with the court of appeals for the judicial circuit in which the administrative proceedings before the ... immigration judge were completed.”); Rodriguez-Roman v. INS, 98 F.3d 416, 424 (9th Cir.1996) (stating that in these circumstances “a court lacks jurisdiction if venue does not lie”).

Pursuant to 28 U.S.C. § 1631 , we further conclude that transferring Horvat’s petition for review to the United States Court of Appeals for the Second Circuit would not be in the interests of justice, as he has not presented a colorable claim for relief. See…

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