United States Eleventh Circuit

District court's determination that habeas petition challenging the petitioner's detention and impending removal on the ground that he is not subject to a removal order amounts to a challenge to a final administrative order of removal within the meaning of section 106(c) of the REAL ID Act, and order transferring case to circuit court, is vacated and remanded for proceedings under 28 U.S.C. section 2241, as a petitioner's assertion that he is not subject to an order of removal is distinct from a petitioner's challenge to a removal order for the purposes of the REAL ID Act.

Appellate Information

• Decided 12/01/2006
• Published 12/01/2006

Judges

• BIRCH, Circuit Judge:, Before BIRCH, PRYOR and FAY, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• H. Glenn Fogle, Jr., Leslie A. Diaz, The Fogle Law Firm, LLC, Atlanta, GA, for Madu.


• For Appellees:
  
• Jennifer Paisner, U.S. Dept. of Justice/OIL, Washington, DC, Aileen Bell Hughes, Atlanta, GA, for Respondent.