Ruiz v. Holder ( 2010 )

FILED
UNITED STATES COURT OF APPEALS JUL 14 2010
MOLLY C. DWYER, CLERK
FOR THE NINTH CIRCUIT U .S. C O U R T OF APPE ALS
ISAIAS ZESATI RUIZ, No. 06-70955
Petitioner, Agency No. A092-050-099
v.
ORDER
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Zesati Ruiz’s habeas petition was filed in district court on September 13,
2005. The petition was therefore improperly transferred to this court because it
was not pending on May 11, 2005, the enactment date of the REAL ID Act. See
Pub. L. No. 109-13, 119 Stat. 231, 311, § 106(c); see also Alvarez-Barajas v.
Gonzales, 418 F.3d 1050, 1052 (9th Cir. 2005).
REMANDED to the district court.