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RUIZ-MARTINEZ v. MUKASEY

Docket Nos. 05-2903-ag, 05-3662-ag, 06-3605-ag.

516 F.3d 102 (2008)

Jose Luis RUIZ-MARTINEZ, Petitioner, v. Michael B. MUKASEY, as Attorney General of the United States, William Cleary, Field Director, Detention and Removal, Buffalo District, Immigration and Customs Enforcement, United States Department of Homeland Security, Respondents. Flynn Sean Williamson, Petitioner, v. Michael B. Mukasey, Attorney General of the United States, Alphanso Aguirre, Commissioner, U.S. Citizenship and Immigration Service, Mary Ann Gantner, New York District Director, Bureau of Citizenship and Immigration Service, Edward McElroy, New York Field Office Director, Bureau of Immigration and Customs Service, United States Department of Justice, Respondents, Megan L. Brackney, Amicus-Curiae. Elias Seoud, Petitioner, v. Board of Immigration Appeals, Respondent.

United States Court of Appeals, Second Circuit.

Decided: February 14, 2008.

Attorney(s) appearing for the Case

Jose Luis Ruiz-Martinez, pro se (brief submitted by former counsel Mark T. Kenmore, Buffalo, NY).

Megan L. Brackney, Kostelanetz & Fink, LLP, New York, NY, Amicus-Curiae for Petitioner Jose Luis Ruiz-Martinez, Flynn Sean Williamson and Elias Seoud.

Papu Sandhu, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, United States Department of Justice (David J. Kline, Principal Deputy Director, of counsel), Washington, D.C., for Respondents in 05-2903-ag and 05-3662-ag.

Ransford B. McKenzie, Brooklyn, NY, for Petitioner Flynn Sean Williamson.

Bryan S. Beier, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, United States Department of Justice (David J. Kline, Principal Deputy Director, of counsel), Washington, D.C., for Respondent in 06-3605-ag.

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

Before: MINER, CABRANES, Circuit Judges, and CROTTY, District Judge.

MINER, Circuit Judge:

The question presented in the captioned cases, which were ordered to be heard in tandem by a different panel of this Court, requires us to decide whether a petition for review of an order of removal issued by the Board of Immigration Appeals ("BIA") provides an adequate and effective substitute for the writ of habeas corpus in immigration cases following the enactment of the REAL ID Act of 2005, Pub.L. No.

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