Narvaez Bacilima v. Garland


Case: 23-1472 Document: 5 Page: 1 Filed: 04/25/2023 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ LUIS ANGEL NARVAEZ BACILIMA, Petitioner v. MERRICK B. GARLAND, Attorney General, Respondent ______________________ 2023-1472 ______________________ Petition for review of the Board of Immigration Ap- peals in No. A208-355-620. ______________________ ON MOTION ______________________ Before DYK, TARANTO, and STOLL, Circuit Judges. PER CURIAM. ORDER Luis Angel Narvaez Bacilima petitioned this court to review an order of the Board of Immigration Appeals. In response to the court’s February 23, 2023, order to show cause, the Attorney General moves to transfer this petition to the United States Court of Appeals for the Second Cir- cuit. Mr. Narvaez Bacilima has not responded. Case: 23-1472 Document: 5 Page: 2 Filed: 04/25/2023 2 NARVAEZ BACILIMA v. GARLAND This court’s jurisdiction is limited and does not include immigration appeals. Cf. 28 U.S.C. § 1295; see Herrera-Al- cala v. Garland, 39 F.4th 233, 241 n.2 (4th Cir. 2022) (not- ing same). Rather, petitions for review of orders of the Board “shall be filed with the court of appeals for the judi- cial circuit in which the immigration judge completed the proceedings.” 8 U.S.C. § 1252(b)(2). Because Mr. Narvaez Bacilima’s removal proceedings occurred in New York, we agree with the Attorney General and transfer this petition to the United States Court of Appeals for the Second Cir- cuit pursuant to 28 U.S.C. § 1631. Accordingly, IT IS ORDERED THAT: The motion is granted. The appeal and all its filings are transferred to the United States Court of Appeals for the Second Circuit pursuant to 28 U.S.C. § 1631. FOR THE COURT April 25, 2023 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court 23-1472 Court of Appeals for the Federal Circuit cafc Fed. Cir. Narvaez Bacilima v. Garland 25 April 2023 Unpublished 77b7d40830f4b01dcc84733919d65c06792c2f09

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