United States Eighth Circuit

In an action brought by petitioner, who had formerly been ordered removed to Moldova, styled as a "Complaint" alleging that an IJ in the underlying proceedings committed numerous errors and that the removal proceedings violated his constitutional rights, the circuit court dismisses the "Complaint" for lack of subject matter jurisdiction where: 1) because petitioner's "Complaint" sought review of the IJ's removal order, "sole and exclusive means for judicial review" was vested in the circuit court; 2) the time limits for filing a petition for review are mandatory and jurisdictional and not subject to equitable tolling, and thus the complaint was untimely; and 3) petitioner's inability to seek habeas review of his removal order did not violate the Suspension Clause, as the REAL ID Act is an adequate substitute for habeas review.

Appellate Information

• Decided 12/24/2008
• Published 12/24/2008

Judges

• SMITH, Circuit Judge., Before WOLLMAN, SMITH, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Raymond John Rigat, argued, Clinton, CT, for petitioner.


• For Appellees:
  
• Andrew Oliveira, argued, Washington, DC (Jeffrey S. Bucholtz and David E. Dauenheimer, on the brief), for respondent.