Jose Anguiano-Hernandez v. United States

MEMORANDUM

Jose Anguiano-Hernadez, a native and citizen of Mexico, appeals from the district court’s order dismissing his petition for a writ of habeas corpus. The district court concluded that under the REAL ID Act of 2005, 8 U.S.C. § 1252 (a)(5) and (b), it lacked jurisdiction to consider the petition. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I. The REAL ID Act precludes habeas review of Anguiano-Hernandez’s removal order.

The REAL ID Act provides that “no court shall have jurisdiction, by habeas corpus” to review an order of removal. 8 U.S.C. § 1252 (b)(9); see also Singh v. Holder, 638 F.3d 1196, 1210 (9th Cir.2011) (“The REAL ID Act expressly eliminated habeas review over all final orders of removal.” (internal quotation marks omitted)). Instead, “the sole and exclusive means for judicial review, of an order of removal” is a petition for review. 8 U.S.C. § 1252 (a)(5). The REAL ID Act’s jurisdiction-stripping provisions also apply to indirect challenges that are “inextricably linked” to a removal order. Martinez v. Napolitano, 704 F.3d 620, 623 (9th Cir.2012). “[T]he distinction between an independent claim and indirect challenge will turn on the…