CRUZ v. RIDGE

Docket No. 02-2702.

383 F.3d 62 (2004)

Franquil CRUZ, Plaintiff-Appellant, v. Tom RIDGE, Secretary of the Department of Homeland Security, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: September 13, 2004.


Attorney(s) appearing for the Case

Robert D. Kolken, Sacks and Kolken, for Petitioner-Appellant.

Papu Sandhu, Senior Litigation Council, Office of Immigration Litigation, Civil Division, Department of Justice, Washington, D.C. Robert D. McCallum, Jr., Assistant Attorney General, Civil Division (Emily Anne Radford (Assistant Director)), for Respondent-Appellee.

Before: WINTER and B.D. PARKER, Circuit Judges, DRONEY, District Judge.


PER CURIAM.

Tom Ridge, the Secretary of Homeland Security, moves to dismiss for lack of appellate jurisdiction the appeal of Petitioner-Appellant Franquil M. Cruz from an order of the United States District Court for the Western District of New York (Skretny, J.) transferring Cruz's amended habeas corpus petition to this Court pursuant to 28 U.S.C. § 1631. We grant the motion and dismiss the appeal.

Cruz entered the United States without inspection...

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