Appellate Case: 11-9501

Document: 01018605310

FILED Date Filed: 03/17/2011 Page: 1 United States Court of Appeals Tenth Circuit

UNITED STATES CO URT O F APPEALS Elisabeth A. Shumaker FO R TH E TENTH CIRCUIT Clerk of Court

M arch 17, 2011

STEV EN LEE C RA IG , Petitioner, v. ERIC H. HOLDER, JR., United States Attorney General, Respondent. No. 11-9501

OR DER

Before M URPH Y, TACH A, and H ARTZ, Circuit Judges.

In this petition for review, M r. Craig challenges an order of the Administrative Appeals Office that dismissed his appeal from a decision of the United States Citizenship and Immigration Service, denying his request for certification that he is a natural-born citizen, eligible for the offices of President and/or V ice President. This matter is before the court on the parties responses to this courts jurisdictional show cause order. The governments response includes a motion to dismiss.

Appellate Case: 11-9501

Document: 01018605310

Date Filed: 03/17/2011

Page: 2

M r. Craigs response to the jurisdictional show cause order fails to allege any colorable basis for this courts jurisdiction over his petition for review. See United States v. Walker, 915 F. 2d 1463, 1465 (10 th Cir. 1990) ( The courts of appeal have no jurisdiction other than what is conferred upon them by statute.) Although M r. Craig appears to argue that this court has jurisdiction under the Administrative Procedure Act, that statute does not confer independent jurisdiction to the circuit courts. Hamilton v. Gonzales, 485 F. 3d 564, 568 (10 th Cir. 2007). And, as noted by the government in its response and motion to

dismiss, this courts direct review jurisdiction in the immigration context is limited to final orders of removal. Hamilton, at 566. M r. Craig is not seeking review of a removal order. The governments motion to dismiss is GRANTED and the petition for review is DISM ISSED. M r. Craigs request for certification to the United States Supreme Court is DENIED. PE TIT ION D ISM ISSE D. Entered for the Court ELISABETH SHUM AKER, Clerk of Court

by:

Christine Van Coney Counsel to the C lerk