United States Third Circuit

The REAL ID Act (RIDA) section 106(c) should be read to permit the transfer from a district court to a court of appeals not only of those habeas petitions that were pending in the district court at the time RIDA became law, but also those that could have been brought in a district court prior to RIDA's enactment, but were not. Further, the 30-day time limit in 8 U.S.C. section 1252(b)(1) should not be interpreted as applying to those aliens who received final orders of removal prior to the enactment of RIDA, but who did not file a petition for review directly in a court of appeals until after the enactment of RIDA. A petition for review of a removal order is dismissed as, despite the holdings above, petitioner did not have an unlimited time to file his appeal, he did not file for review within 30 days of RIDA's enactment and, thus, the court of appeals was without jurisdiction.

Appellate Information

• Decided 09/06/2007
• Published 09/06/2007

Judges

Court

• United States Third Circuit

Counsel