Opinion
Case Nos. 2:06-cv-5-FtM-29DNF, 2:97-cr-9-FTM-29DNF.
February 6, 2006
OPINION AND ORDER
This matter comes before the Court on petitioner's Motion for Release and Stay, Writ of Habeas Corpus — 28 U.S.C.A. § 2241 — and 2243, Jurisdiction 8 C.F.R. § 1003.40 (Doc. #1), filed on January 4, 2006. Petitioner seeks review or to re-open a final decision on deportation proceedings.
Under 8 U.S.C. § 1252(a)(2)(C), "no court shall have jurisdiction to review any final order of removal against an alien who is removable by reason of having committed a criminal offense. . . ." Under 8 U.S.C. § 1252(a)(5), "a petition for review filed with appropriate court of appeals in accordance with this section shall be the sole and exclusive means for judicial review of an order of removal entered or issued under any provision of this chapter," except as provided in 8 U.S.C. § 1252(e)(2), which does not apply to this case.
Pursuant to statute, the Court finds it has no jurisdiction to consider petitioner's removal issues. The Court will, however, direct that a copy of the request be forwarded to the appropriate appellate court in the district for consideration.
Accordingly, it is now
ORDERED:
1. Petitioner's Motion for Release and Stay, Writ of Habeas Corpus — 28 U.S.C.A. § 2241 — and 2243, Jurisdiction 8 C.F.R. § 1003.40 (Doc. #1) is DISMISSED for lack of jurisdiction.
2. The Clerk shall enter judgment accordingly in the civil case, and close the file.
3. The Clerk shall forward a copy of petitioner's Motion for Release and Stay, Writ of Habeas Corpus — 28 U.S.C.A. § 2241 — and 2243, Jurisdiction 8 C.F.R. § 1003.40 (Doc. #1) to the Eleventh Circuit Court of Appeals for consideration.
DONE AND ORDERED.