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BEPARI v. U.S. DEPARTMENT OF HOMELAND SECURITY

September 13, 2005.

MANNAN BEPARI, Petitioner,
v.
U.S. DEPARTMENT OF HOMELAND SECURITY, Respondent.



The opinion of the court was delivered by: CHRISTOPHER CONNER, District Judge

ORDER

AND NOW, this 13th day of September, 2005, upon consideration of the petition for writ of habeas corpus (Doc. 1) filed pursuant to 28 U.S.C. § 2241, in which petitioner requests an emergency stay of deportation, and it appearing that petitioner is an alien challenging a final administrative order of removal,*fn1 see 8 U.S.C. § 1252, that the instant petition should be filed in the United States Court of Appeals for the Third Circuit, see id. § 1252(b)(2) ("[A] petition for review [of an order of removal] shall be filed with the court of appeals for the judicial circuit in which the immigration judge completed the proceedings."), and that this court does not have jurisdiction to grant a stay of deportation, see id. at §§ 1252(b)(3)(B), (g), it is hereby ORDERED that:
1. The request for an emergency stay of deportation is DENIED without prejudice. See 8 U.S.C. §§ 1252(b)(3)(B), (g). 2. The Clerk of Court is directed to TRANSFER ...

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