Hernandez-Guzman v. Department of Homeland Security et al

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 25 Objections to Report and Recommendation filed by Favio Hernandez-Guzman, by Judge Marsha J. Pechman. (MD, cc to petitioner)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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FAVIO HERNANDEZ-GUZMAN,

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Petitioner,

CASE NO. C14-986 MJP
ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
DEPARTMENT OF HOMELAND
SECURITY,

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Respondent.
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THIS MATTER comes before the Court on Petitioner Favio Hernandez-Guzman’s
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Objections (Dkt. No. 25) to the Report and Recommendation of Magistrate Judge Tsuchida (Dkt.
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No. 24). Having reviewed the Objections and all related papers, the Court hereby ADOPTS the
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Report and Recommendation and DENIES Petitioner’s habeas petition.
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Petitioner objects to the Report and Recommendation only insofar as it recommends
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against transferring the matter to the Ninth Circuit Court of Appeals. (Dkt. No. 25 at 1.)
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Although it is sometimes possible to transfer immigration cases from a district court to the Ninth
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Circuit, here Petitioner’s appeal to the BIA on this issue was pending at the time of his petition,
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ORDER ADOPTING REPORT AND
RECOMMENDATION- 1

1 so the Ninth Circuit lacks jurisdiction over the claim and the case cannot be transferred. (See
2 Dkt. No. 23-1 at 4.) See 28 U.S.C. § 1631; 8 U.S.C. § 1252(a)(5); 8 U.S.C. § 1101(a)(47)(B).
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Meanwhile, as noted by the Report and Recommendation, the Ninth Circuit does not

4 have jurisdiction over Petitioner’s challenge to the Form I-130 petition (Dkt. No. 24 at 7–8), the
5 constitutionality or legality of the expedited removal statute (id. at 5), or claims related to
6 discretionary decisions at Petitioner’s bond hearing (id. at 6–7).
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The Court therefore declines to transfer the action to the Ninth Circuit. The Court instead

8 ADOPTS the Report and Recommendation in full, DENIES the habeas petition, and
9 DISMISSES the action.
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The clerk is ordered to provide copies of this order to all counsel.

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Dated this 23rd day of March, 2015.

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A

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Marsha J. Pechman
Chief United States District Judge

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ORDER ADOPTING REPORT AND
RECOMMENDATION- 2