Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

New Case: REAL ID Act stripped district court of habeas corpus jurisdiction to consider alien’s challenge to the administrative denial of his adjustment-of-status application because that denial was part of a reinstatement order constituting an “order of removal.” Construing alien’s appeal denial of his habeas petition as a timely filed petition for review was consistent with the purpose of the REAL ID Act and its transfer provision. Judicial interpretation of the Immigration and Naturalization Act from Gonzales v. Dep’t of Homeland Sec.–that a Form I-212 waiver, even if granted, does not cure the inadmissibility of an alien who reenters the United States without inspection after a prior removal–applies to all cases currently on direct review. Alien had no fundamental right to reside in the United States just because his family lives here.

https://cbocalbos.wordpress.com/tag/real-id/

https://cbocalbos.wordpress.com/tag/real-id-act/

https://cbocalbos.wordpress.com/tag/immigrationattorney/

https://californiaimmigration.us/abogado-de-inmigracion/

Filed under: REAL ID Act | Tagged: Immigration, Immigration Attorney, Immigration Lawyer, REAL ID, REAL ID Act |