United States Second Circuit

In immigration cases where habeas corpus relief in the U.S. district courts has been eliminated by the REAL ID Act of 2005 for aliens seeking to challenge orders of removal entered against them, the Suspension Clause of the U.S. Constitution is not violated by the REAL ID Act, but a grace period of 30 days from the effective date of the Act should be afforded to those whose petitions were rendered untimely by the provisions of the Act.

Appellate Information

• Decided 02/14/2008
• Published 02/14/2008

Judges

• MINER, Circuit Judge:, Before:  MINER, CABRANES, Circuit Judges, and CROTTY, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Jose Luis Ruiz-Martinez, pro se (brief submitted by former counsel Mark T. Kenmore, Buffalo, NY)., Megan L. Brackney, Kostelanetz & Fink, LLP, New York, NY, Amicus-Curiae for Petitioner Jose Luis Ruiz-Martinez, Flynn Sean Williamson and Elias Seoud., Ransford B. McKenzie, Brooklyn, NY, for Petitioner Flynn Sean Williamson., Lee Gelernt, American Civil Liberties Union Foundation, Immigrants' Rights Project, New York, NY, for Petitioners.


• For Appellees:
  
• Papu Sandhu, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, United States Department of Justice (David J. Kline, Principal Deputy Director, of counsel), Washington, D.C., for Respondents in 05-2903-ag and 05-3662-ag., Bryan S. Beier, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, United States Department of Justice (David J. Kline, Principal Deputy Director, of counsel), Washington, D.C., for Respondent in 06-3605-ag.