Tapia-Fierro

MEMORANDUM **

Jose Luis Tapia-Fierro (“Tapia-Fierro”) appeals the dismissal of his habeas corpus petition. He concedes that the district court properly dismissed most of the claims raised in his habeas petition pursuant to the REAL ID Act. See 8 U.S.C. § 1252 (a)(5). Tapia-Fierro argues that one limited claim survives, however, because it is not actually a challenge to a final order of removal: whether his waiver of the right to appeal in his deportation proceeding was knowingly and intelligently made. In light of our decision in Singh v. Gonzales, 499 F.3d 969 (9th Cir.2007), which was decided subsequent to the dis *363 trict court’s ruling in this case, we agree with Tapia-Fierro and reverse and remand for further proceedings.

Although Singh involved a claim of ineffective assistance of counsel (“IAC”), the rationale of the opinion — which distinguishes between actual challenges to removal orders and challenges that arise independently — applies equally to this ease:

499 F.3d at 979 (internal citation omitted) (emphasis added).

Similarly, Tapia-Fierro claims the Immigration Judge (“IJ”) failed to adequately inform him of his right to appeal and the consequences of waiving…