Musau v. Carlson

ORDER AND JUDGMENT *

PAUL KELLY, JR., Circuit Judge.

Julius Musau, an alien subject to a final order of removal, appeals from the district court’s dismissal of his 28 U.S.C. § 2241 petition for a writ of habeas corpus. The district court dismissed for lack of subject matter jurisdiction, finding that Mr. Mu-sau was challenging a final order of removal and that the REAL ID Act, 8 U.S.C. § 1252(a)(5), took away district court jurisdiction to hear such challenges. Our jurisdiction arises under 28 U.S.C. §§ 1291 and 2253(a), and we reverse and remand for further proceedings.

Factual Background

Mr.…