United States Eleventh Circuit

Order denying motion to reopen deportation proceedings, made in order to allow for application for relief under former INA section 212(c), is upheld over claims that: 1) section 106 of the REAL ID Act violates the Suspension Clause of the U.S. Constitution because it expressly forecloses any habeas review; 2) the BIA erred as a matter of law in concluding that petitioner's motion to reopen was barred because he had already served five years of his sentence, and for that reason he was precluded from receiving relief based on the Immigration Act of 1990.

Appellate Information

• Decided 06/20/2006
• Published 06/20/2006

Judges

• PER CURIAM:, Before ANDERSON, BIRCH and CARNES, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Stephen J. Britt, Donnelly & Associates, Conshohocken, PA, for Alexandre.


• For Appellees:
  
• Papu Sandhu, David J. Kline, U.S. Dept. of Justice, Civ. Div.-OIL, Washington,DC, for Respondent.