United States District Court, M.D. Pennsylvania
September 13, 2005.
MANNAN BEPARI, Petitioner,
U.S. DEPARTMENT OF HOMELAND SECURITY, Respondent.
The opinion of the court was delivered by: CHRISTOPHER CONNER, District Judge
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 the
above-captioned case, to be identified as a "petition
for review," to the United States Court of Appeals
for the Third Circuit. See 8 U.S.C. § 1252(b)(2).
3. The Clerk of Court is directed to CLOSE this case.
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