Okere
Okere v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Rosemary May Okere, on behalf of herself and her minor son, 1 appeals the district court’s denial of her petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2241 , seeking release from immigration detention. We affirm in part and dismiss in part.
We agree with the district court that it lacked jurisdiction over Okere’s challenge to the order of removal under 8 U.S.C. § 1252 . 2 See Puri v. Gonzales, 464 F.3d 1038, 1041 (9th Cir.2006) (holding that the REAL ID Act of 2005 stripped the district courts of habeas jurisdiction over orders of removal and vested it in the courts of appeals); see also 8 U.S.C. § 1252 (a)(5) (stating that “a petition for review filed with an appropriate court of appeals ... shall be the sole and exclusive means for judicial review of an order of removal”). Despite trying to frame her claim otherwise, Okere necessarily challenges the Board of Immigration Appeals’ (“BIA”) March 10, 2005, final order, because that order is the reason for her detention. We do not have jurisdiction to review her challenge to the orders of the BIA or to the findings made by the Immigration Judge in her removal proceedings because those proceedings…