Under the Real ID Act of 2005, Pub. L. No. 109-13, 119 Stat. 231 (May 11, 2005),, the court of appeals retains jurisdiction to review the validity of removal orders where constitutional and legal claims are raised. This includes at least the legal portion of a mixed question of law and fact. Since habeas review of mixed questions of law and fact was previously available in the district court, the REAL ID Act requires transfer of those cases into the court of appeals on petition for review, so the court of appeals presumably has full jurisdiction to review the administrative decision of mixed questions of law and fact.

jurisdiction: 
Other

 

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