Nakaranurack
Nakaranurack v. Holder
Opinion
Lead Opinion
MEMORANDUM **
Saksit Nakaranurack appeals the district court’s denial of his petition for a writ of habeas corpus challenging his deportation order. After he filed his appeal, the REAL ID Act of 2005 became law. REAL ID stripped the federal courts of habeas jurisdiction over final orders of deportation, exclusion, or removal, 8 U.S.C. § 1252 (a)(5), and required that then-pending habeas petitions be construed as petitions for review and transferred to the appropriate court of appeals. REAL ID Act of 2005, Pub.L. No. 109-13, Div. B., § 106(a)(1)(B), 119 Stat. 231 , 311 (2005). Accordingly, this Court entered an order on November 27, 2007 deeming Nakaranu-rack’s appeal of the district court’s order to be a timely petition for review pursuant to the REAL ID Act.
Our jurisdiction to review this petition is restricted in light of Nakaranurack’s conviction for “Unlawful Delivery of a Controlled Substance, to wit, Cocaine, a felony.” REAL ID provides that, “except as provided in subparagraph (D), no court shall have jurisdiction to review any final order of removal against an alien who is removable by reason of having committed a criminal offense covered in [listing statutory…