Iasu v. Smith

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that RIDA’s elimi- nation of habeas corpus does not violate the Suspension Clause where the petitioner “had a means for seeking relief (direct review) . . . . [and] simply failed to pursue the relief that the statutory scheme allows”
• explaining that 8 U.S.C. § 1252(a)(5) eliminated district court jurisdiction under § 2241 over orders of removal, in lieu of a possible petition in a court of appeals
• stating that the petitioner could not use the “statutory replacement” of direct review of a transferred habeas petition because no habeas petition was pending on the REAL ID Act’s effective date
• “[A] nonfrivolous claim to U.S. citizenship gives a person a constitutional right to judicial review ....”
• “Congress’ clear intent [was] to have all challenges to removal orders heard 15 in a single forum (the courts of appeals) [.]” (citations omitted)
• no jurisdiction to review a deportation decision where petitioner failed to petition for review of a final order of removal

Source: CourtListener parenthetical corpus (CC0).