United States District Court, M.D. Pennsylvania
October 3, 2005.
SELWIN JAMESON, Petitioner
BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT, Respondent.
The opinion of the court was delivered by: JOHN JONES, District Judge
Previously by Order dated September 2, 2005, this Court
dismissed Petitioner's challenge to his continued detention, and
directed the Respondent to indicate in writing within fifteen
days whether the remainder of the Petition for Writ of Habeas
Corpus ("the Petition") should be transferred to a United States
Court of Appeals. (Rec. Doc. 13).
On September 19, 2005, Respondent filed a response to the
Court's September 2, 2005 Order, indicating that the remainder of
the Petition should be transferred to the United States Court of
Appeals for the Third Circuit. (Rec. Doc. 14). For the reasons
set forth below, the Respondent's request to transfer the
Petition will be granted and the Petition will be transferred to the Third
Circuit Court of Appeals.
Respondent contends that "Section 106 of the REAL ID Act of
2005 amended section 242(a) of the INA to provide that the sole
and exclusive means to review an order of removal shall be by
petition for review in the applicable court of appeals. H.R.
1268, 109th Cong. (2005) (enacted), Pub.L. No. 109-13, Div.B,
119 Stat. 231." (Rec. Doc. 14, at 2). The amendment became
effective on May 11, 2005. Section 106(c) provides that "[i]f an
alien's case, brought under section 2241 of title 28, United
States Code, and challenging a final administrative order of
removal, deportation, or exclusion, is pending in a district
court on the date of the enactment of this division, then the
district court shall transfer the case (or the part of the case
that challenges the order of removal, deportation, or exclusion)
to the court of appeals for the circuit in which a petition for
review could have been properly filed under section 242(b)(2) of
the Immigration and Nationality Act (8 U.S.C. 1252), as amended
by this section, or under section 309(c)(4)(D) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1101 note). The court of appeals shall treat the
transferred case as if it had been filed pursuant to a petition
for review under section 242, except that subsection (b)(1) of
such section shall not apply." As Jameson's Petition is
challenging his final administrative order of removal, issued by
an Immigration Judge in York, Pennsylvania, Section 106(c) mandates
transfer of the matter to the Third Circuit Court of Appeals, the
circuit where the Immigration Judge presided over the immigration
proceedings and issued Petitioner's removal.
NOW, THEREFORE, IT IS ORDERED THAT:
1. Respondent's Request to Transfer the instant
Petition for Writ of Habeas Corpus (Doc. 14). is
2. The Clerk of Court is directed to TRANSFER the
instant action to the United States Court of Appeals
for the Third Circuit.
3. The Clerk of Court is directed to CLOSE this case.
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