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Keywords

jurisdictionappealhearinghabeas corpusleasepiracy
jurisdictionappealhearinghabeas corpusleasepiracy

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Sandher v. Gonzales

Facts

On March 4, 1999, Sandher, a native of India who had obtained lawful permanent resident status in the United States, was convicted in the Supreme Court, Queens County, State of New York, of conspiracy to commit murder in violation of New York State Penal Law section 105.15. Sandher was sentenced to between twenty-eight and eighty-four months imprisonment for this offense, and served fifty-two months. After his release, the Department of Homeland Security issued Sandher a Notice to Appear, charging him with various grounds of removability. On May 24, 2004, prior to Sandher's removal hearing, he filed pro se the present petition for a writ of habeas corpus in the Eastern District of New York.

On March 4, 1999, Sandher, a native of India who had obtained lawful permanent resident status in the United States, was convicted in the Supreme Court, Queens County, State of New York, of conspiracy to commit murder in violation of New York State Penal Law section 105.15. Sandher was sentenced to between twenty-eight and eighty-four months imprisonment for this offense, and served fifty-two months. After his release, the Department of Homeland Security issued Sandher a Notice to Appear, charging him with various grounds of removability. On May 24, 2004, prior to Sandher's removal hearing, he filed pro se the present petition for a writ of habeas corpus in the Eastern District of New York.

Issue

Whether section 106 of the REAL ID Act applies to habeas petitions challenging an alien's criminal conviction.

Whether section 106 of the REAL ID Act applies to habeas petitions challenging an alien's criminal conviction.

Rule

Section 106 of the REAL ID Act divests district courts of habeas jurisdiction to review final administrative orders of removal, granting exclusive jurisdiction to review such orders in the courts of appeals.

Section 106 of the REAL ID Act divests district courts of habeas jurisdiction to review final administrative orders of removal, granting exclusive jurisdiction to review such orders in the courts of appeals.

Analysis

The court analyzed the applicability of the REAL ID Act to the case at hand, determining that the petition challenged only Sandher's criminal conviction and not a final administrative adjudication by the Immigration Judge or Board of Immigration Appeals. The court noted that at the time Sandher filed the petition, the immigration court had not entered a removal order, and thus the district court retained jurisdiction over the petition. Consequently, the transfer of the case under the REAL ID Act was deemed improper.

The court analyzed the applicability of the REAL ID Act to the case at hand, determining that the petition challenged only Sandher's criminal conviction and not a final administrative adjudication by the Immigration Judge or Board of Immigration Appeals. The court noted that at the time Sandher filed the petition, the immigration court had not entered a removal order, and thus the district court retained jurisdiction over the petition. Consequently, the transfer of the case under the REAL ID Act was deemed improper.

Conclusion

The court dismissed the petition for lack of jurisdiction and transferred the case back to the district court for further proceedings.

The court dismissed the petition for lack of jurisdiction and transferred the case back to the district court for further proceedings.

Who won?

The prevailing party was the petitioner, Sukhjinder Sandher, as the court ruled that the district court retained jurisdiction over his habeas petition.

The prevailing party was the petitioner, Sukhjinder Sandher, as the court ruled that the district court retained jurisdiction over his habeas petition.

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