Rodriguez

Rodriguez v. United States

Good Law
United States District Court, Southern District of CaliforniaOctober 28, 20193:19-cv-01954California456 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 TAURINI VIZUET RODRIGUEZ, Case No.: 19cv1954 CAB (JLB)

Petitioner,

ORDER DISMISSING CASE

v. WITHOUT PREJUDICE UNITED STATES OF AMERICA, Respondent. 16 Petitioner, proceeding pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. While somewhat unclear, it appears that Petitioner is challenging his removal order on the basis that his prior criminal conviction does not qualify as an aggravated felony. [Doc. No. 1 at 2.] This Court, however, does not have subject matter jurisdiction to review a final removal order. Pursuant to the REAL ID Act, Pub.L. No. 109–13, 119 Stat. 231 (May 11, 2005), judicial review of all deportation, exclusion, or removal orders lies exclusively in the appropriate court of appeals; the district courts no longer have jurisdiction to review such orders. Therefore, the exclusive means of asserting a challenge to a final order of removal

27 1 It also…

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