Sukhjinder Sandher v. Alberto R. Gonzales

This petition for a writ of habeas corpus, which challenges petitioner Sukhjinder Sandher’s criminal conviction, was transferred to this Court by the United States District Court for the Eastern District of New York (Block, J.) pursuant to the REAL ID Act of 2005, Pub.L. No. 109-13, Div. B, § 106, 119 Stat. 231, 310 (the “REAL ID Act” or “Act”). 1 We hold that section 106 of the REAL ID Act does not apply to habeas petitions challenging an alien’s criminal conviction, and accordingly dismiss the petition for lack of jurisdiction and transfer the case back to the district court for further…