Trinh v. US Immigration Customs Enforcement

Full title: TRUYEN VAN TRINH, Petitioner, v. US IMMIGRATION AND CUSTOMS ENFORCEMENT…

Court: United States District Court, N.D. Florida, Tallahassee Division

Date published: Sep 25, 2008

CASE NO. 4:08-cv-00362-MP-WCS (N.D. Fla. Sep. 25, 2008)

Opinion

CASE NO. 4:08-cv-00362-MP-WCS.

September 25, 2008

ORDER

MAURICE PAUL, Senior District Judge

This matter is before the Court on Doc. 5, Report and Recommendation of the Magistrate Judge, recommending that the § 2241 petition, doc. 1, filed by Petitioner Truyen Van Trinh be transferred to the Eleventh Circuit Court of Appeals pursuant to REAL ID Act of 2005, 8 U.S.C. § 1252. The time for filing objections has passed, and none have been filed. The Court agrees that the REAL ID Act 1 includes a transfer provision providing that "the district court shall transfer . . . to the court of appeals" any case "challenging a final administrative order of removal. . . ." REAL ID Act of 2005, Pub.L. No. 109-13, § 106(c), 119 Stat. 231 (2005). Therefore, pursuant to the REAL ID Act, codified at 8 U.S.C. § 1252(a)(2)(D), this case need not be dismissed but may, instead, be transferred to the Eleventh Circuit Court of Appeal. It is therefore

ORDERED AND ADJUDGED:

DONE AND ORDERED.

1. The Report and Recommendation of the Magistrate Judge is adopted and incorporated herein. The Clerk is directed to transfer this case to the United States Court of Appeals for the Eleventh Circuit.