Sandher v. Gonzales, ___ F.3d ___ (2d Cir. March 15, 2007) (dismissing habeas petition that challenged criminal conviction, and had been transferred from district court to court of appeals under REAL ID Act of 2005 106 since section 106 does not apply to habeas petitions challenging a criminal conviction).
http://caselaw.lp.findlaw.com/data2/circs/2nd/064262p.pdf