Opinion
10-CV-3113 (KAM).
July 29, 2010
MEMORANDUM AND ORDER
Petitioner Donna Antonio Royale brings this pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 seeking to reopen his removal proceedings and stay his order of deportation. Petitioner previously filed a petition requesting the same relief. See Royale v. INS, 10-CV-2105 (KAM) (E.D.N.Y. June 7, 2010). The court dismissed that petition because the REAL ID Act of 2005, 8 U.S.C. § 1252(a)(5), strips district courts of jurisdiction to stay or review a final order of removal. See De Ping Wang v. Dep't of Homeland Sec., 484 F.3d 615 (2d Cir. 2007); Acosta-De La Cruz v. United States, No. 07-CV-5386, 2008 U.S. Dist. LEXIS 52801, 2008 WL 2700293, at *2 (E.D.N.Y. July 9, 2008).
The instant petition is dismissed on the same grounds. Moreover, the court concludes, as it did in 10-CV-2105, that the petition should not be transferred to the Court of Appeals pursuant to 28 U.S.C. § 1631, because the petition is untimely. See De Ping Wang, 484 F.3d at 618.
Because this court has no jurisdiction to review Petitioner's claims under 28 U.S.C. § 2241, the Petition is dismissed. The court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith; accordingly, the court declines to grant in forma pauper is status for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is respectfully directed to enter judgment, close this case, and mail a copy of this order to petitioner's address of record.
SO ORDERED.