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RASHID v. ASHCROFT

United States District Court, W.D. New York


June 6, 2005.

NEDAL RASHID, A# 70-902-818, Petitioner,
v.
JOHN ASHCROFT As Attorney General of the United States; WILLIAM CLEARY, Field Office Director, Buffalo District Immigration and Customs Enforcement; and United States Department of Homeland Security, Respondents.

The opinion of the court was delivered by: RICHARD ARCARA, District Judge

ORDER

WHEREAS, on May 11, 2005, the President signed into law the "Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005," Pub.L. No. 109-13, 119 Stat. 231, and Division B thereof is referred to as the "REAL ID Act," and

WHEREAS, pursuant to the REAL ID Act § 106(a), the exclusive means of review of an administrative order of removal, deportation, or exclusion is a petition for review to the appropriate court of appeals, and WHEREAS, pursuant to the REAL ID Act § 106(c), the District Court "shall transfer" all cases filed before May 11, 2005, "or the part of the case that challenges the order of removal, deportation, or exclusion" to the appropriate court of appeals, and

  WHEREAS, petitioner challenges an administrative order which was the result of immigration proceedings completed within the Third Circuit, and

  WHEREAS, the petition was filed before May 11, 2005,

  IT IS ORDERED that the instant petition is hereby transferred to the Third Circuit Court of Appeals and to the extent that the District Court has entered a stay of removal, said stay remains in place until further notice from the Court of Appeals.

20050606

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