MADU v. U.S. ATTORNEY GENERAL

No. 05-14241.

470 F.3d 1362 (2006)

JONATHAN O. MADU, Petitioner, v. U.S. ATTORNEY GENERAL, Respondent.

United States Court of Appeals, Eleventh Circuit.

December 1, 2006.


BIRCH, Circuit Judge.

In this case, we determine whether a habeas petition challenging the petitioner's detention and impending removal on the ground that he is not subject to a removal order amounts to a "challeng[e] [to] a final administrative order of removal" within the meaning of section 106(c) of the REAL ID Act. The district court determined that it does, and hence transferred this case to us. We disagree, and join the Third Circuit in holding that a petitioner...

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