United States District Court, W.D. New York
June 6, 2005.
NEDAL RASHID, A# 70-902-818, Petitioner,
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
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.
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