United States District Court, D. New Jersey
August 9, 2005.
DOMINGA CABRERA-PEREZ, Petitioner,
BOARD OF IMMIGRATION APPEALS, et al., Respondents.
The opinion of the court was delivered by: JOEL PISANO, District Judge
This matter having come before the Court on the Petition of
Dominga Cabrera-Perez, Alien Number A44-040-186, for a writ of
habeas corpus pursuant to 28 U.S.C. § 2241; and the Petition
having been pending on May 11, 2005, the effective date of the
REAL ID Act of 2005, Pub.L. No. 109-13, 119 Stat. 231 (May 11,
2005); and the Court having ordered the parties to show cause why
the Petition should not be transferred pursuant to the REAL ID
And Petitioner having responded with additional arguments in
support of the Petition, but not objecting to transfer;
And Respondents having responded that they believe transfer is
And it appearing that:
1. The Petition challenges a final administrative order of
removal. The immigration judge completed the proceedings at
Newark, New Jersey. 2. Pursuant to Section 106(c) of the REAL ID Act of 2005,
If 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(b)(2))], as amended by this section. . . . The
court of appeals shall treat the transferred case as
if it had been filed pursuant to a petition for
review under such section . . ., except that
subsection (b)(1) [30-day time limit] of such section
shall not apply.
The venue provision referenced by § 106(c),
8 U.S.C. § 1252(b)(2), provides that a "petition for review shall be filed
with the court of appeals for the judicial circuit in which the
immigration judge completed the proceedings."
It is, therefore, on this 9th day of August, 2005,
ORDERED that the Clerk of the Court shall transfer the Petition
to the U.S. Court of Appeals for the Third Circuit.
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