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SINGH v. GONZALES

No. 05-16005.

499 F.3d 969 (2007)

Amarjeet SINGH, Petitioner-Appellant, v. Alberto R. GONZALES, Attorney General; Michael Chertoff, Secretary, Department of Homeland Security; Nancy Alcantar, Field Office Director of Detentions, Immigration and Customs Enforcement, Department of Homeland Security; Charles Demore, District Director, Immigration and Customs Enforcement, Department of Homeland Security, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 24, 2007.

Attorney(s) appearing for the Case

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

Peter D. Keisler, Assistant Attorney General, Civil Division; David J. Kline, Principal Deputy Director, Office of Immigration Litigation, Washington, D.C.; and Papu Sandhu, Senior Litigation Counsel, Office of Immigration Litigation, Washington, D.C., for the respondents-appellees.

Lee, Gelernt, American Civil Liberties Union, Immigrants' Rights Project, New York, NY, for amicus curiae American Civil Liberties Union Foundation.

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

Opinion by Judge McKEOWN; Concurrence by Judge WALLACE.

McKEOWN, Circuit Judge:

Amarjeet Singh, a native and citizen of India, brought three ineffective assistance of counsel ("IAC") claims through a habeas petition filed with the district court pursuant to 28 U.S.C. § 2241. Singh's habeas petition was filed after the enactment of the REAL ID Act, Pub.L. No. 109-13, § 106, 119 Stat. 231, 310-311 (2005). The district court dismissed the action for...

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