Kolkevich v. Attorney General of the United States

OPINION OF THE COURT

RENDELL, Circuit Judge.

At issue in this case are the rights of a criminal alien to challenge the final order of removal entered against him by the Attorney General, notwithstanding the fact that the passage of the REAL ID Act of 2005 cut off Petitioner’s right to file a petition for habeas corpus relief. The Government argues that we are without jurisdiction to hear Petitioner’s tardy challenge to the agency’s removal order. Petitioner argues, however, that, were we to accept the Government’s position, he would be without any opportunity for judicial review whatsoever and,…