United States Second Circuit

Habeas petition under 28 U.S.C. section 2241 challenging final order of removal, and filed more than a year after section 106 of the REAL ID Act of 2005 foreclosed the use of habeas corpus to review removal orders, is dismissed as: 1) transfer to the court of appeals was not available under the REAL ID Act because the petition was not pending when the Act became effective; 2) transfer was impermissible since the petition was untimely; 3) petitioner has alleged no facts that would make dismissal constitutionally suspect; and 4) since district courts may no longer review removal orders via habeas corpus, the case cannot be transferred back to the district court.

Appellate Information

• Decided 04/19/2007
• Published 04/19/2007

Judges

• JOSÉ A. CABRANES, Circuit Judge., Before KEARSE, CABRANES, and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• De Ping Wang, Brooklyn, NY, pro se.


• For Appellees:
  
• Scott Rempell, Trial Attorney, Office of Immigration Litigation (Leslie McKay, Senior Litigation Counsel, Office of Immigration Litigation, Peter D. Kessler, Assistant Attorney General, Civil Division), United States Department of Justice, Washington, DC, for Respondents.