Legal Opinion

Iasu v. Chertoff

District Court, S.D. California

Decided April 10, 2006No. 05CV0088-DMS(JMA)PublishedCited by 5 opinions

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

  1. Zadvydas v. DavisSupreme Court of the United States · 2001
  2. Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
  3. Mayle v. FelixSupreme Court of the United States · 2005
  4. Swain v. PressleySupreme Court of the United States · 1977
  5. Salvador Rivera v. John Ashcroft, Attorney General Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2005

3Cited by5 opinions

  1. Iasu v. SmithCourt of Appeals for the Ninth Circuit · 2007
  2. Antonio Edior Pierre v. Merrick GarlandDistrict Court, C.D. California · 2024
  3. Arif A. Durrani v. David JenningsDistrict Court, C.D. California · 2019
  4. Iasu v. SmithCourt of Appeals for the Ninth Circuit · 2007
  5. Ramos Funez v. SessionsDistrict Court, W.D. New York · 2019

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