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Keywords

jurisdictionmotionhabeas corpusdeportationliens
jurisdictionmotionhabeas corpusdeportationliens

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Tejada v. Cabral

Facts

Tejada was convicted in Massachusetts state court for possession with intent to distribute and distributing a controlled substance, thus rendering him deportable. The Department of Homeland Security ordered him deported. Tejada brought this petition for a writ of habeas corpus under Title 28, Section 2254 of the United States Code, challenging his state court conviction based on a claim of ineffective assistance of counsel. He did not challenge the Department's order of removal but moved to stay his deportation pending resolution of this petition.

Tejada was convicted in Massachusetts state court for possession with intent to distribute and distributing a controlled substance, thus rendering him deportable. The Department of Homeland Security ordered him deported. Tejada brought this petition for a writ of habeas corpus under Title 28, Section 2254 of the United States Code, challenging his state court conviction based on a claim of ineffective assistance of counsel. He did not challenge the Department's order of removal but moved to stay his deportation pending resolution of this petition.

Issue

Whether the court had jurisdiction to review Tejada's habeas corpus petition challenging his state court conviction, and whether it could issue a stay of removal pending adjudication of that petition.

Whether the court had jurisdiction to review Tejada's habeas corpus petition challenging his state court conviction, and whether it could issue a stay of removal pending adjudication of that petition.

Rule

The REAL ID Act of 2005 restricts the jurisdiction of courts in matters regarding the detention and deportation of immigrant aliens, stating that no court shall have jurisdiction to review any final order of removal against an alien who is removable by reason of having committed a criminal offense.

The REAL ID Act of 2005 restricts the jurisdiction of courts in matters regarding the detention and deportation of immigrant aliens, stating that no court shall have jurisdiction to review any final order of removal against an alien who is removable by reason of having committed a criminal offense.

Analysis

The court determined that it had jurisdiction over Tejada's habeas petition because he was challenging only his underlying state conviction, not the Department's order of removal. The court noted that while it could not issue a stay of removal due to the restrictions imposed by the REAL ID Act, it could still entertain the habeas petition itself. The court emphasized that the REAL ID Act did not deprive it of jurisdiction over all petitions from immigrant aliens, only those that challenge final orders of removal.

The court determined that it had jurisdiction over Tejada's habeas petition because he was challenging only his underlying state conviction, not the Department's order of removal. The court noted that while it could not issue a stay of removal due to the restrictions imposed by the REAL ID Act, it could still entertain the habeas petition itself. The court emphasized that the REAL ID Act did not deprive it of jurisdiction over all petitions from immigrant aliens, only those that challenge final orders of removal.

Conclusion

The court allowed the motion to reconsider, vacated the order of dismissal, and denied the motion for a stay of removal pending adjudication of the habeas corpus petition.

The court allowed the motion to reconsider, vacated the order of dismissal, and denied the motion for a stay of removal pending adjudication of the habeas corpus petition.

Who won?

Tejada prevailed in the motion for reconsideration as the court allowed his motion and vacated the previous order of dismissal, affirming its jurisdiction over the habeas petition.

Tejada prevailed in the motion for reconsideration as the court allowed his motion and vacated the previous order of dismissal, affirming its jurisdiction over the habeas petition.

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