Ravin Maharaj v. John Ashcroft, Attorney General

ORDER

We consider whether 8 U.S.C. § 1252 (f)(2) limits the authority of federal courts to prevent an alien’s removal pending appeal from the denial of a habeas corpus petition challenging the merits of the removal order.

I.

Appellant Ravin Maharaj is a citizen and native of Fiji. In 1987, he entered the United States at the age of 15 as a lawful permanent resident. Ten years later, Ma-haraj was convicted of grand theft in violation of California Penal Code § 487(a), and received a 16-month prison sentence. The following year, he was convicted of second degree robbery in violation of California Penal Code § 211, and sentenced to two years’ imprisonment. Based on these convictions, removal proceedings were initiated against Maharaj.

In December 2000, the Board of Immigration Appeals (“BIA”) dismissed appellant’s administrative appeal, after an immigration judge found Maharaj removable on two grounds. See 8 U.S.C. § 1227 (a)(2)(A)(ii), (in). In March 2001, appellant filed a motion to reopen with the BIA seeking a waiver of inadmissibility under 8 U .S.C. § 1182(h). A month later, while the motion to reopen was pending, appellant filed a petition for writ of habeas corpus in the…