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Calcano-Martinez v. INS - 232 F.3d 328 (2d Cir. 2000)

Rule:

Article III courts continue to have habeas jurisdiction under 28 U.S.C.S. § 2241 over legal challenges to final removal orders. The scope of this review includes statutory claims. There is no exception in 8 U.S.C.S. § 1252(a)(2)(C) that bars jurisdiction over petitions to review removal orders against aliens convicted of certain crimes.

Facts:

The three petitioners, Calcano-Martinez, Sergio Madrid, and Fazila Khan were legal permanent residents of the United States who were ordered deported because of prior criminal convictions. Each filed a petition for review pursuant to 8 U.S.C.S. § 1252(a)(2), challenging the final orders of removal entered against them by the Board of Immigration Appeals. Each petitioner also filed a petition for habeas corpus in a United States district court. 

Issue:

Did the court have jurisdiction to hear claims against final orders of removal filed by certain classes of criminal aliens?

Answer:

No

Conclusion:

The Court held that § 1252(a)(2)(C) barred the court from reviewing claims against final orders of removal filed by certain classes of criminal aliens, including the petitioners, and that the permanent rules of Illegal Immigration Reform and Immigrant Responsibility Act of 1996, did not repeal a federal court's jurisdiction to review criminal aliens' removal orders by writ of habeas corpus under 28 U.S.C.S. § 2241. Accordingly, the Court dismissed the petitions without prejudice to the same claims being brought pursuant to habeas petitions.

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