The jurisdictional issue decided in Douglas v. Ashcroft, 374 F.3d 230 (3d Cir 2004) and Flores-Garza v. INS,  328 F.3d 797 (5th Cir. 2003), was whether the proper forum for a federal court challenge of a removal order was the court of appeals by petition for review or the district court by habeas under the following precise circumstances: the client was (1) found removable on two separate criminal grounds; (2) does not dispute that one of the grounds is correct, but challenges that he is not removable on the other ground; and (3) if successful on the challenge, would be eligible to apply for some form of relief from the conceded ground of removal.  One common scenario is that the client is found removable as an aggravated felon and controlled substance offender, concedes removability on the controlled substances ground of deportation, but claims he is not removable as an aggravated felon and is therefore eligible for cancellation.  The question is whether you challenge the existence of the aggravated felony deportation ground in United States District Court by habeas corpus, under 28 U.S.C. 2241, or in the court of appeals by a petition for review. Thanks to Lee Gelernt.