Da Silva v. Holder

NOTE: This order is nonprecedentia1. United States Court of AppeaIs for the FederaI Circuit ANTONIO CARLOS BATISTA DA SILVA, VANIA GONCALVES DA SILVA, AND LUCAS GO~NCALVES DA SILVA, Petiti0ners, V. ERIC HOLDER, ATTORNEY GENERAL, Resp0n.dent. o 2012-3003 On petition for review of an order of the Board of lm- 1nigrati0n Appeals, Agency No. AO88-620-740, AO88-62O- 741, and AO88-620-742. ORDER Upon review of this recently docketed petition for re- view, we determine that the parties should be directed to show cause why this petition should not be transferred to the United States Court of Appea1s for the E1eventh Circuit. The petitioners seek review of an August 26, 2011 or- der of the Board of Irnmigration Appeals. The petitioners used a form to request review, and that form (which is DA SILVA V. HOLDER 2 used to obtain review of other agency proceedings) men- tions review by this court, not by the regional Circuit. The petitioners mailed their petition to the United States Court of Appeals for the Ninth Circuit. it appears that the Ninth Circuit received the petition on September 23, 2011. The Ninth Circuit transmitted the petition to this court, apparently because the petitioners requested review by this court, This court received the transmitted petition on October 7, 2011. This court is a court of limited jurisdiction. 28 U.S.C. § 1295. lt appears that petitions for review of orders of a B0ard of Immigration Appeals are to be directed to the court of appeals for the judicial circuit in which the immi- gration judge completed the proceedings. Although_the documents transmitted do not indicate that location, we presume that the proceedings were in Florida, where the petitioners indicate that they live. Thus, we direct the parties to show cause within 14 days of the date of filing of this order why this petition should not be transferred to the Eleventh Circuit pursuant to 28 U.S.C. § 1631. Accordingly, IT IS ORDERED THATZ The parties are directed to show cause, within 14 days of the date of filing of this order, why this petition should not be transferred to the Eleventh Circuit pursuant to 28 U.S.C. § 1631. FoR THE CoURT 00-f ll 1 /s/ J an Horbaly Date J an Horba1y Clerk cc: Antonio Carlos Batista Da Silva Vania Goncalves Da Silva U.S. COUR'il':f)l5Ef°)PEALS FOR `l`HE FEDERAL ClRCUlT UCT 1 1 2011 .|AN HORBAL¥" CLERKi 3 Lucas Goncalves Da Silva Jeanne E. Davidson, Esq. DA SILVA V. HOLDER Office of Immig'ration Litigation, Appellate Section, P.O. BoX 8l78, Ben Franklin Station, Washington, DC 20044 Eric Holder, Esq. DHS/ICE Office Of Chief Counsel, Mia, 333 South Mian1i Ave., Suite 200, Miami Fl 33130 s8