Legal Opinion

De Perio v. Gonzales

Court of Appeals for the Ninth Circuit

Decided March 7, 2007No. 05-74638Published

1Opinion of the Court

MEMORANDUM ***

Petitioners Alfredo and Myrna De Perio and their children filed a petition for a writ of habeas corpus in the district court challenging the former Immigration and Naturalization Service district director’s failure to cancel the revocation of Alfredo De Perio’s visa application for humanitarian reasons. The district court transferred the matter to this court pursuant to § 106(c) of the REAL ID Act of 2005, Pub.L. No. 109-13,119 Stat. 231.

We are not precluded by 8 U.S.C. § 1252(a)(2)(B)(ii) from exercising jurisdiction over this appeal because that statute “applies only to acts…

2Cases cited6 opinions

Maricela M. Fernandez, Danelia Fernandez Covarrubias v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2006
Dennis Medina-Morales v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
Se Jong Noh v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2001
Jean-Marc Elbez v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1985
De Perio v. AshcroftCourt of Appeals for the Ninth Circuit · 2005

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