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IASU v. SMITH

No. 06-55681.

511 F.3d 881 (2007)

Ghena Negash IASU, Petitioner-Appellant, v. Ron SMITH, Director of San Diego Field Office, U.S. Immigration and Customs Enforcement; Michael B. Mukasey, Attorney General; Michael Chertoff, Secretary of the Department of Homeland Security; Anthony Cerone, Acting Officer-In-Charge, San Diego Detention Center, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 18, 2007.

Attorney(s) appearing for the Case

Lori B. Schoenberg, Reeves & Associates, Pasadena, CA, for the petitioner-appellant.

Jennifer Paisner, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for the respondents-appellees.

Before: STEPHEN S. TROTT and JOHNNIE B. RAWLINSON, Circuit Judges, and SAMUEL P. KING, District Judge.

SAMUEL P. KING, District Judge:

Ghena Negash Iasu appeals the district court's order (1) dismissing for lack of subject matter jurisdiction his amended 28 U.S.C. § 2241 petition challenging his removability, and (2) declining to transfer the petition to the Ninth Circuit under section 106(c) of the REAL ID Act, Pub.L. No. 109-13, 119 Stat. 231 (2005). We have appellate jurisdiction under 28 U.S.C. § 1291, and we affirm.

I.

Iasu faces removal...

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