Legal Opinion
Xiu Yan Chen v. Alberto R. Gonzales, Attorney General of the United States
Court of Appeals for the Seventh Circuit
Decided January 30, 2006No. 05-3101PublishedCited by 35 opinions
1Per curiam
An immigration judge ordered Xiu Yan Chen removed to China. On April 25, 2005, the Board of Immigration Appeals affirmed. The alien did not file a petition for review under 8 U.S.C. § 1252, a step that had to be taken within 30 days. 8 U.S.C. § 1252(b)(1). Having let that time pass, she filed a petition for a writ of habeas corpus in the United States District Court for the Eastern District of New York, where she is in custody awaiting removal. District Judge Dearie has transferred her petition to us, relying on the Real ID Act of 2005. Our Clerk docketed it as a petition to review the…
2Cases cited3 opinions
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
- Stone v. Immigration & Naturalization ServiceSupreme Court of the United States · 1995
3Cited by35 opinions
- Iasu v. SmithCourt of Appeals for the Ninth Circuit · 2007
- De Ping Wang v. The Department of Homeland Security, the Board of Immigration AppealsCourt of Appeals for the Second Circuit · 2007
- Kolkevich v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2007
- Muka v. BakerCourt of Appeals for the Sixth Circuit · 2009
- Dalombo Fontes v. GonzalesCourt of Appeals for the First Circuit · 2007
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