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06cv1662
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
JUAN CARLOS VALDEZ BERNAL,
A-17-989-923,
Petitioner,
CASE NO. 06cv1662 DMS (AJB)
ORDER DISMISSING CASE FOR
LACK OF SUBJECT MATTER
JURISDICTION
vs.
MICHAEL CHERTOFF, Secretary of the
Department of Homeland Security; et al.,
Respondents.
On August 16, 2006, Petitioner Juan Carlos Valdez Bernal filed a Petition for Writ of Habeas
Corpus pursuant to 28 U.S.C. § 2241. On August 22, 2006, this Court dismissed the Petition for
failure to pay the filing fee. Petitioner has recently paid the fee, and the Clerk of Court reopened the
case. However, upon review of the Petition, it appears Petitioner is challenging an order of removal.
Pursuant to 8 U.S.C. § 1252(a)(5), this Court no longer has subject matter jurisdiction over such
claims for relief. Rather, jurisdiction is found only in the courts of appeal. Accordingly, the Court
hereby dismisses the Petition for lack of subject matter jurisdiction.
IT IS SO ORDERED.
DATED: September 22, 2006
DANA M. SABRAW
United States District Judge
cc:
all parties
Case 3:06-cv-01662-DMS-AJB Document 3 Filed 09/22/2006 Page 1 of 1
Valdez Bernal v. Chertoff, et al
Doc. 3
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