Ramon Leiva v. A. Clark

MEMORANDUM

Ramon Santiago Leiva, a native and citizen of Honduras, appeals from an order of the district court dismissing his petition for a writ of habeas corpus, by which he sought Cancellation of Removal (“Cancellation”) under 8 U.S.C. § 1229b(b). The district court found Leiva to be ineligible for Cancellation, because he did not maintain a continuous physical presence in the United States for a period of at least 10 years. See 8 U.S.C. § 1229b(b)(l)(A) (“The Attorney General may cancel removal of ... an alien who is ... deportable ... if the alien has been physically present in the United States for a continuous period of not less than 10 years ... ”). Respondents contend that the district court lacked jurisdiction to reach the merits of Leiva’s petition, because his claim interferes with the execution of his removal order. We review de novo whether a district court had subject-matter jurisdiction over a habeas petition. See Morales-Izquierdo v. Dept. of Homeland Sec., 600 F.3d 1076, 1081 (9th Cir.2010).

Under the REAL ID Act of 2005 (the “REAL ID Act”), Congress eliminated ha-beas review of “all questions of law and fact ... arising from any action taken or proceeding…