Opinion
09-CV-2639 (SLT).
June 25, 2009
MEMORANDUM and ORDER
Petitioner pro se Kevin Eric Scott, currently detained at the Hudson County Correctional Center, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, seeking "to challenge the legality of Respondent's deportation order" of August 24, 2005. Petition for Writ of Habeas Corpus at 1. This deportation order has already been the subject of various federal court actions, the most recent of which was dismissed by Judge Vitaliano on May 26, 2009. Scott v. Napolitano, No. 08-CV-2338 (ENV), 2009 WL 1457730 (E.D.N.Y. May 26, 2009).
Along with this petition, plaintiff filed a motion for an emergency stay of deportation. That motion was denied in an order issued by Judge Cogan on June 22, 2009. See Scott v. United States Dep't of Homeland Security, No. 09-CV-2639 (SLT), slip op. (E.D.N.Y. June 22, 2009).
As Judge Vitaliano explained in his thorough and well-reasoned opinion in Scott, and contrary to petitioner's argument, the REAL ID Act, 8 U.S.C. § 1252, strips this Court of jurisdiction over this petition. Under that statute, "district courts may no longer review removal orders via habeas corpus." De Ping Wang v. Dep't of Homeland Security, 484 F.3d 615, 616 (2d Cir. 2007). Transfer to the United States Court of Appeals for the Second Circuit is not available pursuant to 28 U.S.C. § 1631 as this petition was not timely filed. Id. Moreover, even if this Court had jurisdiction to decide the instant petition, this action would be barred by res judicata for the reasons set forth in Scott, 2009 WL 1457730, at *6.
For the reasons set forth above, the instant petition for a writ of habeas corpus is dismissed. The Court certifies pursuant to 28 U.S.C. § 1915(a) that any appeal from this Order would not be taken in good faith and, therefore, in forma pauperis is denied for the purpose of any appeal.
SO ORDERED.