IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
July 27, 2009
ARIEL ELOY PACO, PETITIONER,
ERIC H. HOLDER, JR., ET AL., RESPONDENTS.
The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge
Petitioner, proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, requesting an emergency stay of a final order of removal. It appears that Petitioner is an immigration detainee challenging an order for deportation and/or removal.
Pursuant to 8 U.S.C. § 1252(a)(5), challenges to orders of removal must be filed in the appropriate court of appeals. The proper venue for such a challenge is "with the court of appeals for the judicial circuit in which the immigration judge completed the proceedings." 8 U.S.C. § 1252(b)(2). Here, Petitioner appears to be challenging a removal order issued out of San Francisco. Accordingly, the appropriate court to hear this petition would be the Ninth Circuit Court of Appeals.
This court does not have jurisdiction to hear Petitioner's challenge. Petitioner should have filed this action in the Ninth Circuit Court of Appeals. In the interests of justice, a federal court may transfer an action or appeal filed in the wrong court to the court in which the action or appeal should have been brought. See 28 U.S.C. § 1631.
Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the Ninth Circuit Court of Appeals.
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