Magana-Pizano

With enactment of the Antiterrorism and Effective Death Penalty Act of 1996 (“AED-PA”) and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), Congress dramatically altered our immigration laws and judicial remedies for immigrants facing deportation or exclusion. To consider the proper jurisdiction for habeas corpus petitions and petitions for review of Board of Immigration Appeals decisions under the new statutes, we consolidated these actions. We dismiss the petition for review for lack of jurisdiction, but hold that the petitioner may pursue habeas corpus relief under 28 U.S.C. § 2241 in the United States District Court.

I

Daniel Magana-Pizano is a 25-year old native and citizen of Mexico who entered the United States on December 28, 1977, as the five-year old child of a lawful permanent resident. Magana-Pizano’s parents and three of his siblings are lawful permanent residents of the United States; his fourth sibling is a United States citizen. Since, his admission into the United States, Magana-Pizano has resided in Southern California and Arizona. He attended high school in the United States, and most recently worked as a fork lift…