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Dahan v. U.S. Citizenship Immigration Services

United States District Court, E.D. New York
Mar 28, 2006
06 CV 1415 (ARR) (E.D.N.Y. Mar. 28, 2006)

Opinion

06 CV 1415 (ARR).

March 28, 2006


NOT FOR ELECTRONIC OR PRINT PUBLICATION OPINION AND ORDER


The instant petition for a writ of habeas corpus under 28 U.S.C. § 2241 challenges petitioner Hanania Dahan's detention and order of removal from the United States. Pursuant to the Real ID Act of 2005, Pub.L. No. 109-13, § 106, 119 Stat. 231, "a petition for review filed with an appropriate court of appeals in accordance with this section shall be the sole and exclusive means for judicial review of an order of removal entered or issued under any provision of this chapter, except as provided in subsection (e) of this section." 8 U.S.C. § 1252(a)(5)(2005). The appropriate judicial circuit is the one in which the immigration judge completed proceedings. 8 U.S.C. § 1252(b)(2). Petitioner's proceedings were completed in New Jersey. Accordingly, this Court cannot hear the instant action and transfers it to the United States Court of Appeals for the Third Circuit, as a Petition for Review, pursuant to § 106 of the Real ID Act of 2005. The Clerk of the Court shall transfer this matter to the Third Circuit and close this case.

SO ORDERED.


Summaries of

Dahan v. U.S. Citizenship Immigration Services

United States District Court, E.D. New York
Mar 28, 2006
06 CV 1415 (ARR) (E.D.N.Y. Mar. 28, 2006)
Case details for

Dahan v. U.S. Citizenship Immigration Services

Case Details

Full title:HANANIA DAHAN, Petitioner, v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES…

Court:United States District Court, E.D. New York

Date published: Mar 28, 2006

Citations

06 CV 1415 (ARR) (E.D.N.Y. Mar. 28, 2006)