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Immigration Law

Third Circuit on jurisdiction, REAL ID, APA: Chehazeh v. Atty. Gen.

"Daoud Chehazeh appeals the May 24, 2010 order of the United States District Court for the District of New Jersey dismissing, for lack of jurisdiction, his “Petition for Writ of Habeas Corpus and Stay of Removal Proceedings.”1 Chehazeh had asked the District Court to declare that the decision of the Board of Immigration Appeals (the “BIA”) to sua sponte reopen removal proceedings against him is contrary to law, and he sought an order requiring the BIA to terminate the reopened proceedings. Because we conclude that, under these unusual circumstances, the District Court has jurisdiction to review the BIA‟s decision pursuant to 28 U.S.C. § 1331 and the Administrative Procedure Act (“APA”), 5 U.S.C. § 701 et seq., we will reverse the District Court‟s order and remand for further proceedings." - Chehazeh v. Attorney General, Jan. 11, 2012.  [Hats off to Lindsee P. Granfield, Jeffrey M. Rosenthal, Ashika Singh, Alida Lasker, Jane Pek, Nathaniel Jedrey, Lavi S. Soloway and Tanisha L. Massie!]