Madu v. U.S. Attorney Gen., 470 F.3d 1362 (11th Cir. Dec. 1, 2006) (reversing district court's determination dismissing habeas petition challenging the petitioner's detention and impending removal on the ground that he is not subject to a removal order on the basis it amounts to a challenge to a final administrative order of removal within the meaning of REAL ID Act, 106(c), remanding case for proceedings under 28 U.S.C. 2241, since court of appeals held a petitioner's assertion that he is not subject to an order of removal is distinct from a petitioner's challenge to a removal order for the purposes of the REAL ID Act).
http://caselaw.lp.findlaw.com/data2/circs/11th/0514241p.pdf