From Casetext: Smarter Legal Research

Pacheco-Tellez v. Mukasey

United States Court of Appeals, Ninth Circuit
May 5, 2008
276 F. App'x 711 (9th Cir. 2008)

Opinion

No. 05-17383.

Submitted April 22, 2008.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed May 5, 2008.

Martiniano Pacheco-Tellez, Eloy, AZ, for Petitioner-Appellant.

Cynthia M. Parsons, USPX-Office of the U.S. Attorney, Phoenix, AZ, for Respondents-Appellees.

Appeal from the United States District Court for the District of Arizona, Honorable David G. Campbell, U.S. District Judge, Presiding. D.C. No. CV-05-03649-DGC.

Before: GRABER, FISHER, and BERZON, Circuit Judges.


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Martiniano Pacheco-Tellez, a native and citizen of Mexico, appeals pro se from the district court's order dismissing his petition for a writ of habeas corpus. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253(a), Puri v. Gonzales, 464 F.3d 1038, 1040 (9th Cir. 2006), and we affirm.

Reviewing de novo, id. we conclude that the district court lacked jurisdiction over Pacheco-Tellez's petition because it was filed on November 14, 2005, after the REAL ID Act's effective date. See id. at 1041 ("[A]fter May 11, 2005, the only means for judicial review of Puri's removal order was a petition for review in this court."). Moreover, Pacheco-Tellez exercised his right to file a petition for review, which we dismissed in Pacheco-Tellez v. Gonzales, No. 05-71741 (9th Cir. July 21, 2005) (order). See Puri, 464 F.3d at 1043 (declining to transfer habeas petition and noting that "Puri was aware of the proper procedure for review, as evidenced by the fact that he also filed a petition for review with this court").

AFFIRMED.


Summaries of

Pacheco-Tellez v. Mukasey

United States Court of Appeals, Ninth Circuit
May 5, 2008
276 F. App'x 711 (9th Cir. 2008)
Case details for

Pacheco-Tellez v. Mukasey

Case Details

Full title:Martiniano PACHECO-TELLEZ, Petitioner — Appellant, v. Michael B. MUKASEY…

Court:United States Court of Appeals, Ninth Circuit

Date published: May 5, 2008

Citations

276 F. App'x 711 (9th Cir. 2008)