United States Third Circuit

The REAL ID Act, specifically 8 U.S.C. section 1252(a)(2)(D), permits the circuit court to exercise jurisdiction over legal and constitutional challenges to final orders of removal, including those final orders that the Attorney General has reinstated pursuant to section 1231(a)(5). Also, where a petitioner's collateral attack on a removal order raises only a "question of law" within the meaning of section 1252(a)(2)(D), a gross miscarriage of justice is found only when "the individual should not have been deported based on the law as it existed at the time of the original deportation."

Appellate Information

• Argued 05/23/2007
• Decided 10/09/2007
• Published 10/09/2007

Judges

• Before:  CHAGARES, HARDIMAN and TASHIMA, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Jonathan Feinberg, Esq. (Argued), Kairys, Rudovsky, Messing & Feinberg, Philadelphia, PA, Attorneys for Petitioner.


• For Appellees:
  
• Richard M. Bernstein, Esq. (Argued), Dennis M. Abraham, Esq., Office of United States Attorney, Philadelphia, PA, Attorneys for Respondent.