Iasu v. Chertoff
District Court, S.D. California
1Opinion of the Court
ORDER GRANTING RESPONDENTS’ MOTION TO DISMISS
SABRAW, District Judge.
Petitioner Ghena Iasu, a native of Eritrea, has filed a petition for writ of habeas corpus challenging an order to remove him from this country. Respondents seek dismissal of Petitioner’s habeas claim pursuant to a “jurisdiction stripping” provision of the REAL ID Act of 2005, which amended § 242(a) of the Immigration and Naturalization Act. Petitioner contends the REAL ID Act does not divest this Court of habeas jurisdiction because he has raised a credible constitutional claim concerning his citizenship. Alternatively, if…
2Cases cited5 opinions
- Zadvydas v. DavisSupreme Court of the United States · 2001
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Mayle v. FelixSupreme Court of the United States · 2005
- Swain v. PressleySupreme Court of the United States · 1977
- Salvador Rivera v. John Ashcroft, Attorney General Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2005
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