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LUNA v. HOLDER

Docket Nos. 07-3796-ag, 08-4840-ag.

637 F.3d 85 (2011)

Worklis LUNA, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. Tasmann Anthony Thompson, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: March 3, 2011.

Attorney(s) appearing for the Case

Worklis Luna , pro se.

Tasmann Anthony Thompson , pro se.

Carol Federighi , Jennifer R. Khouri , and Brenden P. Hogan , Office of Immigration Litigation, U.S. Department of Justice, for Respondent.

Jennifer Chang Newell ( Lee Gelernt and Tanaz Moghadam , on the brief), American Civil Liberties Union, for Amicus Curiae American Civil Liberties Union.

Before: CALABRESI, POOLER, and CHIN, Circuit Judges.

POOLER, Circuit Judge:

The sole and exclusive means for challenging a final order of removal is to file a petition for review in a federal court of appeals. If a petition for review is filed more than 30 days after the order of removal, the court of appeals lacks jurisdiction over the petition. Here, Worklis Luna and Tasmann Anthony Thompson filed petitions for review after the 30-day deadline, alleging that their constitutional rights were violated because they were...

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