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No. 8628572
United States Court of Appeals for the Ninth Circuit
Cruz-Ortiz v. Gonzales
No. 8628572 · Decided February 22, 2007
No. 8628572·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
February 22, 2007
Citation
No. 8628572
Disposition
See opinion text.
Full Opinion
MEMORANDUM *** The district court properly determined that the REAL ID Act stripped it of habeas jurisdiction over appellant’s final order of removal, see Nadarajah v. Gonzales, 443 F.3d 1069, 1075 (9th Cir.2006), and that appellant’s habeas petition was a disguised attempt to challenge the validity of the removal order. In any event, appellant is being voluntarily detained — upon his requested stay of removal — pending appeal of his final removal order. The Supreme Court has explained that 8 U.S.C. § 1231 (a)(2) requires such detention: “After entry of a final removal order and during the 90-day removal period ... aliens must be held in custody.” Zadvydas v. Davis, 533 U.S. 678, 683 , 121 S.Ct. 2491 , 150 L.Ed.2d 653 (2001). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM *** The district court properly determined that the REAL ID Act stripped it of habeas jurisdiction over appellant’s final order of removal, see Nadarajah v.
Key Points
01MEMORANDUM *** The district court properly determined that the REAL ID Act stripped it of habeas jurisdiction over appellant’s final order of removal, see Nadarajah v.
02Gonzales, 443 F.3d 1069, 1075 (9th Cir.2006), and that appellant’s habeas petition was a disguised attempt to challenge the validity of the removal order.
03In any event, appellant is being voluntarily detained — upon his requested stay of removal — pending appeal of his final removal order.
04§ 1231 (a)(2) requires such detention: “After entry of a final removal order and during the 90-day removal period ...
Frequently Asked Questions
MEMORANDUM *** The district court properly determined that the REAL ID Act stripped it of habeas jurisdiction over appellant’s final order of removal, see Nadarajah v.
FlawCheck shows no negative treatment for Cruz-Ortiz v. Gonzales in the current circuit citation data.
This case was decided on February 22, 2007.
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