United States Ninth Circuit

A decision dismissing for lack of subject matter jurisdiction Eritrean petitioner's challenge to his removability, and declining to transfer the petition to the Ninth Circuit is affirmed where: 1) the district court properly held that the REAL ID Act deprived courts of subject matter jurisdiction over the petition; 2) the district court correctly declined to transfer the case to the Ninth Circuit as the case was filed after the REAL ID Act's effective date; and 3) the REAL ID Act does not violate the Suspension Clause.

Appellate Information

• Argued 06/06/2007
• Decided 12/18/2007
• Published 12/18/2007

Judges

• SAMUEL P. KING, District Judge:, Before:  STEPHEN S. TROTT and JOHNNIE B. RAWLINSON, Circuit Judges, and SAMUEL P. KING, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Lori B. Schoenberg, Reeves & Associates, Pasadena, CA, for the petitioner-appellant.


• For Appellees:
  
• Jennifer Paisner, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for the respondents-appellees.