United States Eighth Circuit

In an as-applied constitutional challenge to the REAL ID Act brought by petitioner, a mentally-ill Somalian illegal alien convicted in the U.S. of criminal sexual conduct, the court holds: 1) the Act is an adequate and effective substitute for habeas review; 2) there is no objective corroborating evidence to support his application for relief under the Convention Against Torture; and 3) the BIA's affirmation of an IJ's removal order is affirmed.

Appellate Information

• Decided 11/28/2006
• Published 11/28/2006

Judges

• BENTON, Circuit Judge., Before WOLLMAN, BOWMAN, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Michael H. Davis, Michael H. Davis Law Office, Minneapolis, MN, Thomas Hutchins, Immigrant & Refugee Appellate Center, Alexandria, VA, William Schurtman, New York, NY, for Petitioner.


• For Appellees:
  
• Mary Jo Madigan, U.S. Attorney's Office, Minneapolis, MN, Thomas R. Ragatz, Attorney General's Office, Appeals Division, St. Paul, MN, Scott Baniecke, U.S. Immigration & Naturalization Service, Bloomington, MN, Richard M. Evans, Thomas W. Hussey, David J. Kline, Papu Sandhu, Karen Drummond, U.S. Department of Justice, Office of Immigration, Washington, DC, Lori Scialabba, U.S. Department of Justice, Executive Office for Immigration Review, Falls Church, VA, for Respondent.