United States Second Circuit

Petitions for review of final orders of removal are transferred to the district court for further proceedings where: 1) although the petitions are untimely, the REAL ID Act did not divest district courts of habeas jurisdiction to consider petitioners' claims that they were prevented by circumstances beyond their control from filing timely petitions for review; and 2) thus, the circuit court need not decide whether the statutory 30-day filing requirement violates the Suspension Clause of the U.S. Constitution in cases in which an alien misses the deadline because of ineffective assistance of counsel or circumstances created by the government.

Appellate Information

• Argued 06/15/2010
• Decided 09/03/2010
• Published 09/03/2010

Judges

• Pooler

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Brenden P. Hogan