Curiel-Herrera v. Holder et al

Filing 4

ORDER that this action is TRANSFERRED to the US Court of Appeals for the Ninth Circuit. Signed by Chief Judge Gloria M. Navarro on 8/8/2014. (Copies have been distributed pursuant to the NEF - cc: 9th Circuit Court of Appeals - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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PEDRO CURIEL-HERRERA,
Petitioner,

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vs.

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Case No. 2:14-cv-01248-GMN-NJK

ERIC HOLDER, et al.,

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ORDER
Respondents.

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Petitioner has submitted a petition for writ of habeas corpus pursuant to 28 U.S.C.

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§ 2241 (#1) and an emergency motion for stay of removal (#2). Petitioner argues that

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immigration officials have not complied with the requirements of 8 C.F.R. § 241.8, which

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sets for the procedures for reinstatement of an order of removal, because he was not given a

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written notice of the reinstatement of his order of removal and because he was not given an

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interview to assert his claim of asylum. Exhibit 1 to the petition indicates that petitioner

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previously was ordered removed from the United States.1

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This court does not have jurisdiction to consider the habeas corpus petition. A

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reinstatement order “qualifies as an order of removal that can only be challenged in a

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petition for review filed directly with [the court of appeals].” Morales-Izquierdo v.

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Department of Homeland Sec., 600 F.3d 1076, 1081-82 (9th Cir. 2010) (citing 8 U.S.C.

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§ 1252(a)(5)). Furthermore, “any ‘questions of law and fact’ arising from an order of

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removal must be raised in a petition for review of that order.” Id. (quoting 8 U.S.C.

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§ 1252(b)(9). This court will transfer the action to the court of appeals pursuant to 28

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U.S.C. § 1631.

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The court will take no action upon the emergency motion for stay of removal (#2)
because it lacks jurisdiction over the subject matter of this action.

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Petitioner does not allege the circumstances of the order in the petition, and he has not attached a
copy of the order to the petition.

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IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. § 1631, this action is
TRANSFERRED to the United States Court of Appeals for the Ninth Circuit.
IT IS FURTHER ORDERED that the Clerk of the Court shall transmit the entire

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case file to the court of appeals simultaneous with this transfer order, consistent with current

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practice regarding transmission of case files to the court of appeals under CM/ECF.

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IT IS FURTHER ORDERED that no action will be taken by this court on the
emergency motion for stay of removal (#2).
IT IS FURTHER ORDERED that the clerk of the court shall administratively close
this action.
DATED this 8th day of August, 2014.

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_________________________________
Gloria M. Navarro, Chief Judge
United States District Court

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