United States Sixth Circuit

Dismissal of a petition for a writ of prohibition challenging an in absentia removal order is affirmed as an alien's petition for a writ of prohibition that directly challenges his or her final order of removal on constitutional grounds is subject to the jurisdictional bars in 8 U.S.C. section 1252(a)(5) and (g), and general federal-question subject matter jurisdiction is not available in the district court under 28 U.S.C. section 1331. Contrary to petitioner's claim, the Constitution qualifies as "any other provision of law (statutory or nonstatutory)" under all subsections of section 1252.

Appellate Information

• Decided 03/30/2010
• Published 03/30/2010

Judges

• Before MERRITT, MOORE, and GIBBONS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  George A. Katchmer, Jr., Law Office, Yellow Springs, Ohio, for Appellant.  Samuel P. Go, United States Department of Justice, Washington, D.C., for Appellee.   ON BRIEF:  George A. Katchmer, Jr., Law Office, Yellow Springs, Ohio, for Appellant.  Samuel P. Go, United States Department of Justice, Washington, D.C., for Appellee.