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Keywords

jurisdictionhabeas corpuswilljudicial reviewliens
appealhabeas corpusjudicial reviewliens

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Ruiz-Martinez v. Mukasey

Facts

The case involves three aliens who were ordered removed prior to the enactment of the REAL ID Act. They did not file a petition for review within the required 30 days after the BIA's order of removal. The aliens argued that the REAL ID Act violated the Suspension Clause of the Constitution, claiming their right to file a habeas petition was suspended when the Act was signed into law. They sought a grace period for filing their petitions for review.

The case involves three aliens who were ordered removed prior to the enactment of the REAL ID Act. They did not file a petition for review within the required 30 days after the BIA's order of removal. The aliens argued that the REAL ID Act violated the Suspension Clause of the Constitution, claiming their right to file a habeas petition was suspended when the Act was signed into law. They sought a grace period for filing their petitions for review.

Issue

Whether a petition for review of an order of removal issued by the BIA provides an adequate and effective substitute for the writ of habeas corpus in immigration cases following the enactment of the REAL ID Act.

The question presented in the captioned cases, which were ordered to be heard in tandem by a different panel of this Court, requires us to decide whether a petition for review of an order of removal issued by the Board of Immigration Appeals ('BIA') provides an adequate and effective substitute for the writ of habeas corpus in immigration cases following the enactment of the REAL ID Act of 2005, Pub. L. No. 109-13, 106(a), 119 Stat. 231 (May 11, 2005).

Rule

The REAL ID Act requires that an alien seeking judicial review of an order of removal must file a petition for review within 30 days after the issuance of the order of removal, and this deadline is jurisdictional and not subject to equitable tolling.

The REAL ID Act provides that an alien seeking to obtain judicial review of an order of removal is required to file with the appropriate Court of Appeals a petition for review within the first 30 days after issuance of the order of removal. The petition for review is now 'the sole and exclusive means for judicial review of an order of removal.' 8 U.S.C. 1252(a)(5).

Analysis

The court concluded that the Suspension Clause is not violated by the REAL ID Act but that a grace period of 30 days from the effective date of the Act should be afforded to those whose petitions were rendered untimely by the Act's provisions. The court held that a petition for review will be considered timely if filed within 30 days of the enactment of the REAL ID Act for cases where the final order of removal was issued prior to the Act.

For the reasons that follow, we conclude that the Suspension Clause is not violated by the REAL ID Act but that a grace period of 30 days from the effective date of the Act should be afforded to those whose petitions were rendered untimely by the provisions of the Act. Following the enactment of the REAL ID Act and pursuant to 8 U.S.C. 1252(b)(1), a petitioner must file a petition for review challenging a final order of removal within thirty days of the BIA's issuance of that order.

Conclusion

The court denied alien one's petition for review and dismissed the remaining petitions for review.

The court denied alien one's petition for review and dismissed the remaining petitions for review.

Who won?

The Government prevailed in the case because the court found that the petitions for review were untimely and that the REAL ID Act's provisions were constitutional.

The Government prevailed in the case because the court found that the petitions for review were untimely and that the REAL ID Act's provisions were constitutional.

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