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CHEN v. GONZALES

No. 05-3101.

435 F.3d 788 (2006)

Xiu Yan CHEN, Petitioner, v. Alberto R. GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided January 30, 2006.

Attorney(s) appearing for the Case

Xiu Y. Chen (submitted), Brooklyn, NY, pro se.

Karen Lundgren, Department of Homeland Security Office of the District Counsel, Chicago, IL, Margot L. Nadel, Department of Justice Civil Division, Immigration Litigation, Washington, DC, for Respondent.

Before EASTERBROOK, EVANS, and SYKES, Circuit Judges.

PER CURIAM.

An immigration judge ordered Xiu Yan Chen removed to China. On April 25, 2005, the Board of Immigration Appeals affirmed. The alien did not file a petition for review under 8 U.S.C. § 1252, a step that had to be taken within 30 days. 8 U.S.C. § 1252(b)(1). Having let that time pass, she filed a petition for a writ of habeas corpus in the United States District Court for the Eastern District of New York, where she is in custody awaiting removal...

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