United States First Circuit

Petition for review of a denial of a motion to reopen removal proceedings is dismissed for lack of jurisdiction where, although the REAL ID Act removed petitioner's right to apply for habeas corpus before he actually filed such an application and after the time to file an appeal of the BIA's decision had run out, petitioner had ample time before the effective date of the REAL ID Act to file a habeas petition, and the court now refuses to carve out an additional path to judicial review where Congress has not.

Appellate Information

• Decided 08/31/2007
• Published 08/31/2007

Judges

• HOWARD, Circuit Judge., Before BOUDIN, Chief Judge, CYR, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Randy Olen for petitioner.


• For Appellees:
  
• Lindsay L. Chichester, Department of Justice, Civil Division with whom Peter D. Keisler, Assistant Attorney General, Civil Division, Anthony W. Norwood, Senior Litigation Counsel and Jennifer Levings, Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, were on brief, for respondent.