Donaldson v. United States, __ F.Supp.2d __, 2005 WL 1248879 (S.D. Tex. April 26, 2005) (noncitizen barred from relitigating before district court decision by immigration judge that noncitizen was convicted after November 29, 1990).

Theagene v. Gonzales, __ F.3d __, 2005 WL 1398833 (9th Cir. June 15, 2005) ("Because only an "alien" may be required to exhaust administrative remedies under 1252(d)(1), the plain language of 1252(b)(5) requires that upon a petition for review of the BIA's final order of removal, we must evaluate a petitioner's claim to United States nationality regardless of whether the claim was raised below.").

Act of 2005, Pub. L. No. 109-13, 119 Stat. 231 (May 11, 2005) This is a notice to the District Courts within the Circuit, as well as to concerned parties, regarding the preferred procedure for transferring cases from the district courts to the court of appeals in the aftermath of the Real ID Act of 2005, enacted May 11, 2005. It is suggested that the district courts: 1. Allow the parties the opportunity to stipulate to, or brief the propriety of, transfer. 2.

Fernandez-Ruiz v. Gonzales, ___ F.3d ___, 2005 U.S. App. LEXIS 9912 (9th Cir. 2005) ("By this amendment, Congress restored judicial review of constitutional claims and questions of law presented in petitions for review of final removal orders. n1 It did so by providing that nothing in 8 U.S.C.   1252(a)(2)(B), (C), or any other provision of the INA shall preclude judicial review of such orders, unless such review is barred by some other provision of 8 U.S.C.   1252.