SCOTT v. NAPOLITANO

No. 08-CV-2338 (ENV)(VVP).

618 F.Supp.2d 186 (2009)

Kevin Eric SCOTT, Plaintiff, v. Janet NAPOLITANO, Secretary of Homeland Security, Eric H. Holder, Attorney General of the United States, Christopher Shanahan, Field Office Director of the New York Immigration and Customs Enforcement Bureau of the Department of Homeland Security, Office of Detention and Removal Operations, The United States Department of Homeland Security, and the United States Department of Justice, Defendants.

United States District Court, E.D. New York.

May 26, 2009.


Attorney(s) appearing for the Case

Thomas H. Nooter, Freeman, Nooter & Ginsberg, New York, NY, for Plaintiff.

Dione M. Enea, United States Attorneys Office, Eastern District of New York, Brooklyn, NY, for Defendants.


MEMORANDUM & ORDER

VITALIANO, District Judge.

Plaintiff Kevin Scott filed the present complaint on June 11, 2008. Scott seeks injunctive, mandamus, and declaratory relief, largely from a final order of removal entered by an immigration court ("IC") on August 24, 2005 (the "2005 final order"). Defendants moved to dismiss for lack of subject matter jurisdiction on the ground that the REAL ID Act of 2005, 8 U.S.C. § 1252 ("RIDA" or the "Act...

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