BAETA v. SONCHIK

No. 00-16073.

273 F.3d 1261 (2001)

Abel Chaves BAETA, Petitioner-Appellant, v. Roseanne C. SONCHIK; Immigration and Naturalization Service, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 29, 2001.


Attorney(s) appearing for the Case

James Todd Bennett; El Cerrito, California, attorney for the petitioner-appellant.

Brian G. Slocum and Robbin K. Blaya; Office of Immigration Litigation; United States Department of Justice; Washington, D.C.; attorney for the respondent-appellee.

Before: RONEY, HUG, and THOMAS, Circuit Judges.


THOMAS, Circuit Judge:

In this appeal, we consider whether the district court properly dismissed for lack of jurisdiction a petition for habeas corpus seeking review of a final removal order. We conclude that, under the circumstances presented by this case, transfer to the Court of Appeals is appropriate under 28 U.S.C. § 1631. After consideration on the merits, we deny the petition for review.

I

Abel Chaves Baeta was born in Portugal in 1959...

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