Estrada-Delgado

Estrada-Delgado v. Gonzales

Good Law
210 F. App'x 689
United States Court of Appeals for the Ninth CircuitDecember 12, 2006No. 05-73802California376 words

Opinion

Lead Opinion

MEMORANDUM **

Araceli Estrada-Delgado, a native and citizen of Mexico, filed a petition for writ of *690 habeas corpus in the district court. Since Estrada-Delgado’s petition was pending in the district court at the time the Real ID Act of 2005, Pub.L. No. 109-13, 119 Stat. 231, § 106(c), became effective, her habeas petition was transferred to this court as a petition for review. See Alvarez-Barajas v. Gonzales, 418 F.3d 1050, 1052-53 (9th Cir.2005). We dismiss the petition.

Estrada-Delgado contends that she is entitled to equitable tolling of her voluntary departure deadline because she failed to depart in accordance with the terms of her voluntary departure order due to the erroneous advice of an immigration officer. Estrada-Delgado does not challenge the underlying merits of her deportation order but seeks only the opportunity to voluntarily depart and avoid deportation. Because “no court shall have jurisdiction to hear any cause or claim by or on behalf of any alien arising from the decision or action by the Attorney General to ... execute removal orders,” 8 U.S.C. § 1252 (g), we lack jurisdiction to consider her claim.

Even if we had jurisdiction, Estrada-Delgado would…

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