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PUGA v. CHERTOFF

No. 05-16902.

488 F.3d 812 (2007)

Ramon Gama PUGA, Petitioner-Appellant, v. Michael CHERTOFF, Secretary, Department of Homeland Security; Nancy Alcantar, Field Office Director, Immigration and Customs Enforcement; Alberto R. Gonzales, Attorney General, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 24, 2007.

Attorney(s) appearing for the Case

James Todd Bennett, El Cerrito, CA, for the petitioner-appellant.

Edward A. Olsen, United States Department of Justice, United States Attorney's Office, San Francisco, CA; Papu Sandhu, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for the respondents-appellees.

Before: J. CLIFFORD WALLACE, DOROTHY W. NELSON, and M. MARGARET McKEOWN, Circuit Judges.

McKEOWN, Circuit Judge.

Ramon Gama Puga, a native and citizen of Mexico, appeals the district court's dismissal of his habeas petition for lack of jurisdiction under the REAL ID Act, Pub.L. No. 109-13, § 106(a), 119 Stat. 231, 310-11 (May 11, 2005). The district court held that the Act "designates [a] petition for review in the appellate courts as the sole means for challenging a final order of removal, and Gama Puga has not demonstrated that this remedy is inadequate...

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