United States Ninth Circuit

A narrow claim of ineffective assistance of counsel in connection with a post-administrative filing of an appeal with the court of appeals does not require review of an order of removal, and thus falls outside the jurisdiction-stripping provisions of the REAL ID Act.

Appellate Information

• Argued 02/12/2007
• Decided 08/24/2007
• Published 08/24/2007

Judges

• Before:  J. CLIFFORD WALLACE, D.W. NELSON, and M. MARGARET McKEOWN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• James Todd Bennett, El Cerrito, CA, for the petitioner-appellant., Lee, Gelernt, American Civil Liberties Union, Immigrants' Rights Project, New York, NY, for amicus curiae American Civil Liberties Union Foundation.


• For Appellees:
  
• Peter D. Keisler, Assistant Attorney General, Civil Division;  David J. Kline, Principal Deputy Director, Office of Immigration Litigation, Washington, D.C.;   and Papu Sandhu, Senior Litigation Counsel, Office of Immigration Litigation, Washington, D.C., for the respondents-appellees.