Iasu

ORDER GRANTING RESPONDENTS’ MOTION TO DISMISS

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 this Court lacks jurisdiction,' Petitioner requests transfer of his claim to the court of appeals pursuant to the REAL ID Act. For the reasons set forth below, the Court grants Respondent’s motion to dismiss for lack of subject matter jurisdiction and de nies transfer of Petitioner’s claim as unauthorized by the Act.

I.

BACKGROUND

Petitioner is a native of Eritrea, which was formerly part of Ethiopia. He lawfully entered the United States in August 1985 and became a lawful permanent resident one year later. In 1992, 1996, and finally in 2001, Petitioner initiated naturalization proceedings to become a United…