Hugo Rene SALVATIERRA-CERMENO, Petitioner, v. Alberto GONZALES, Attorney General, Respondent, 404 F.3d 1119

ORDER We vacated submission in this case pending the resolution of Molina-Camacho v. Ashcroft, 393 F.3d 937 (9th Cir.2004), and now order this case submitted. The BIA had no authority to issue an order removing Salvatierra-Cermeño to Guatemala. See Molina-Camacho, 393 F.3d at 941. However, because 8 U.S.C. § 1252 gives us jurisdiction to review only final orders of removal, we lack jurisdiction to consider Salvatierra-Cermeno’s petition for review.

We therefore treat the petition as a petition for writ of habeas corpus under 28 U.S.C. § 2241 and transfer it to the United States District Court for the District of Arizona, Phoenix Division. See Molina-Camacho, 393 F.3d at 942; 28 U.S.C. § 1631. Upon transfer, Salvatierra-Cermeño may make any necessary amendments to perfect the form of the petition. TRANSFERRED.