RAFAELANO v. WILSON

No. 05-35025.

471 F.3d 1091 (2006)

Maria RAFAELANO, Petitioner-Appellant, v. Aaron G. WILSON, District Director of Bureau of Immigration and Customs Enforcement; Tom Ridge, Secretary of Department of Homeland Security; Alberto R. Gonzales, Attorney General, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 20, 2006.


Attorney(s) appearing for the Case

Robert Pauw (argued), Gibbs Houston Pauw, Seattle, WA, for the petitioner-appellant.

John McKay, United States Attorney, Christopher L. Pickrell, Assistant United States Attorney (argued), Seattle, WA, for the respondents-appellees.

Before JOHNNIE B. RAWLINSON and RICHARD R. CLIFTON, Circuit Judges, and CONSUELO B. MARSHALL, District Judge.


Opinion by Judge CLIFTON; Dissent by Judge RAWLINSON.

CLIFTON, Circuit Judge.

When Congress passed the REAL ID Act of 2005, it provided that the Act's provisions would be effective immediately and would apply retroactively to cases then pending in the courts. Among the provisions made immediately applicable was the elimination of district court habeas corpus jurisdiction under 28 U.S.C. § 2241 for claims by aliens seeking to avoid deportation or removal...

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