Opinion
No. 13-55655
11-26-2014
JOSE ALFONSO TIJERINA, Petitioner - Appellant, v. DEPARTMENT OF HOMELAND SECURITY DISTRICT DIRECTOR U.S. IMMIGRATION, Respondent - Appellee.
NOT FOR PUBLICATION D.C. No. 2:12-cv-10805-DOC MEMORANDUM Appeal from the United States District Court for the Central District of California
David O. Carter, District Judge, Presiding
Before: LEAVY, FISHER, and N.R. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Jose Alfonso Tijerina appeals pro se from the district court's order denying his petition for a writ of error coram nobis. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the denial of a petition for a writ of error coram nobis, see United States v. Riedl, 496 F.3d 1003, 1005 (9th Cir. 2007), and we affirm.
In his petition, Tijerina contended that he was improperly removed from the United States without receiving a hearing on his claim for relief under the Convention Against Torture. The district court properly declined to entertain Tijerina's petition because the sole means to challenge an order of removal is by filing a petition for review with the appropriate court of appeals. See 8 U.S.C. § 1252(a)(5) and (b)(9); Martinez v. Napolitano, 704 F.3d 620, 622 (9th Cir. 2012).
AFFIRMED.