Okeezie v. Chertoff, 430 F.Supp.2d 655 (W.D. Tex. May 4, 2006) (noncitizen with aggravated felony convictions was denied CAT by BIA on 2/3/05; with passage of REAL ID Act, on 5/11/05, the criminal alien bar to petition for review with the Fifth Circuit was removed, but the petition was automatically untimely; district court held that to apply REAL ID Act denial of habeas corpus jurisdiction in this case would be unconstitutional under INS v. St. Cyr, as noncitizen would have no means to obtain judicial review of removal order).
jurisdiction:
Lower Courts of Fifth Circuit