Puri

Dewan Puri (“Puri”), a native and citizen of India, filed a petition for a writ of habeas corpus (his second) in the district court, challenging a January 15, 1997, order of deportation, which ordered Puri deported to India. The district court dismissed Puri’s petition for lack of jurisdiction pursuant to the REAL ID Act and Puri filed a timely notice of appeal.

We have jurisdiction under 28 U.S.C. §§ 1291 and 2253(a), and we affirm. We review de novo a district court’s decision to dismiss a habeas corpus petition for lack of subject matter jurisdiction. See Taniguchi v. Schultz, 303 F.3d 950, 955 (9th Cir.2002).

I. PROCEDURAL HISTORY

Puri lawfully entered the United States with an immigrant visa in 1984. He is married to a United States citizen and has two United States citizen children. Following convictions for child molestation and indecent liberties, Puri was placed in deportation proceedings before an immigration judge (“IJ”) and ordered deported to India. After a complicated series of appeals and procedural rulings, Puri was ultimately granted a waiver of deportation pursuant to § 212(c) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1182 (c) (repealed 1996).…