Jonathan O. Madu v. U.S. Attorney General
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
BIRCH, Circuit Judge:
In this case, we determine whether a habeas petition challenging the petitioner’s detention and impending removal on the ground that he is not subject to a removal order amounts to a “challeng[e] [to] a final administrative order of removal” within the meaning of section 106(c) of the REAL ID Act. The district court determined that it does, and hence transferred this case to us. We disagree, and join the Third Circuit in holding that a petitioner’s assertion that he is not subject to an order of removal is distinct from a petitioner’s challenge to a removal order for the…
2Cases cited7 opinions
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Reno v. American-Arab Anti-Discrimination CommitteeSupreme Court of the United States · 1999
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- McMaster v. United StatesCourt of Appeals for the Eleventh Circuit · 1999
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