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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
GREGORIO PASCUAL MARTINEZ
ZALDIVAR,
Petitioner,
v.
MICHAEL CHERTOFF, et al.,
Respondents.
/
No. C 06-07683 JSW
ORDER DISMISSING PETITION
On December 14, 2006, Petitioner Gregorio Pascual Martinez Zaldivar (“Petitioner”)
filed a petition for writ of habeas corpus, or in the alternative, order to show cause, and motion
for emergency stay of execution and application for a temporary restraining order. Petitioner
seeks an order staying his detention and removal to Mexico pursuant to the order of removal
issued by the Board of Immigration Appeals.
“The REAL ID Act, Pub.L. No. 109-13, Div. B., 119 Stat. 231 (May 11, 2005), which
became effective on May 11, 2005, eliminated district court habeas corpus jurisdiction over
orders of removal and vested jurisdiction to review such orders exclusively in the courts of
appeals.” Puri v. Gonzales, 464 F.3d 1038, 1041 (9th Cir. 2006). Section 106(a) of the REAL
ID Act amended section 242 of the Immigration and Nationality Act, 8 U.S.C. § 1252 to provide
that:
Notwithstanding any other provision of law (statutory or nonstatutory), including section
2241 of title 28, United States Code, or any other habeas corpus provision, and sections
1361 and 1651 of such title, a petition for review filed with an appropriate court of
appeals in accordance with this section shall be the sole and exclusive means for judicial
Case 3:06-cv-07683-JSW Document 4 Filed 12/15/2006 Page 1 of 2
Martinez Zaldivar v. Chertoff et al
Doc. 4
Dockets.Justia.com
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review of an order of removal entered or issued under any provision of this Act, except
as provided