Egejuru
Egejuru v. Mukasey
Opinion
Lead Opinion
MEMORANDUM **
Hamilton Wokoma Egejuru, a legal permanent resident, was placed in removal proceedings because he committed aggravated felonies. He filed this habeas petition pursuant to 28 U.S.C. § 2241 , alleging the Board of Immigration Appeals (BIA) erred by denying his application for defer *517 ral of removal under the United Nations Convention Against Torture. The district court dismissed his habeas petition for lack of jurisdiction. We affirm.
Prior to the REAL ID Act of 2005, “criminal aliens could challenge their removal orders in a habeas proceeding given the absence of [another] forum.” Singh v. Gonzales, 499 F.3d 969, 976 (9th Cir.2007) (internal quotation omitted). The Act changed that regime effective May 11, 2005 “by eliminating all district court habeas jurisdiction over orders of removal.” Iasu v. Smith, 511 F.3d 881, 886 (9th Cir.2007) (citing 8 U.S.C. § 1252 (a)(5)). “Review of such orders was placed exclusively in the courts of appeals, by way of petitions for review.” Rafaelano v. Wilson, 471 F.3d 1091, 1092 (9th Cir.2006). Because Egejuru filed his habeas petition after the effective date of the REAL ID Act, the district court lacked jurisdiction and…