Mendez-Barocio

Mendez-Barocio v. William Barr

Good Law
United States District Court, Northern District of CaliforniaJuly 9, 20205:20-cv-03558California1,015 words

Opinion

Trial Court Opinion

DISCUSSION

26 A. Jurisdiction 27 proceedings based on convictions in the State of California. Dkt. No. 1 at 12-13. Petitioner states that his removal case is “ongoing and has involved appeals to the BIA.” Id. at 13. After a petition for writ of habeas corpus was denied in the Eastern District, Petitioner appealed to the Ninth Circuit. Id. Currently, the matter is pending before the Ninth Circuit. Id. at 14. District courts have habeas jurisdiction under 28 U.S.C. § 2241 to review final orders of removal on constitutional and statutory grounds, provided that judicial review is unavailable in the court of appeals. See INS v. St. Cyr, 533 U.S. 289, 314 (2001). Here, Petitioner admits that his removal case is ongoing and that he is waiting review in the Ninth Circuit. Judicial review of final orders of removal is exclusively vested in the courts of appeals, rather than in the district courts, and the procedures for review are generally governed by the Hobbs Administrative Orders Act (codified at 28 U.S.C. §§ 2341-2351). 8 U.S.C. § 1252(a)(1) (Supp. 1998). Accordingly, this Court has no basis for jurisdiction 14…

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