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Marquez-Almanzar v. Ashcroft

Removal case nationality claim is transferred to the U.S. Court of Appeals for the Second Circuit.

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Judge Lynch

MARQUEZ-ALMANZAR v. ASHCROFT — Petitioner Jose Marquez-Almanzar (“petitioner” or “Marquez”), a native of the Dominican Republic,1 brings this habeas petition pursuant to 28 U.S.C. §2241, challenging the final order of removal entered against him by an Immigration Judge (“IJ”) on June 19, 2000. He argues that, although he was convicted of two counts of criminal possession of a controlled substance, and attempted sale of a controlled substance, in the Supreme Court of New York, which are removable offenses under 8 U.S.C. §1227(a)(2)(B)(i) (2000), he may not be removed because he is a non-citizen national of the United States. The Government argues that this Court lacks jurisdiction over Marquez’s petition, as 8 U.S.C. §1252(b)(2) vests exclusive jurisdiction over nationality claims in the Court of Appeals, and that this Court must therefore transfer the petition to the Second Circuit. For the reasons discussed below, the petition will be dismissed for lack of jurisdiction and transferred to the Court of Appeals.

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