Aggravated Felonies

            (A)  Habeas Corpus Review.  The REAL ID Act of 2005 imposed a retroactive jurisdictional bar to review of all exclusion, deportation and removal cases in the district courts through a habeas corpus petition.[1]  Any pending habeas cases falling within this bar were to be transferred to the appropriate court of appeals.[2]

The REAL ID Act also bars habeas corpus review of all discretionary decisions of the Attorney General and the Secretary of Homeland Security (regardless whether the decision or action is made in removal proceedings), except those pertaining to asylum.[3]  Habeas corpus remains available to noncitizens seeking review of immigration detention issues.  See § 2.11(H), supra.

[1] See INA § 242, 8 U.S.C. § 1252, as amended by the REAL ID Act  § § 101, 106, Pub.L. No. 109-13, 119 Stat. 231 (May 11, 2005). 

[2] REAL ID Act § 106(c), supra.

[3] INA § 242(a)(2)(B), 8 U.S.C. § 1252(a)(2)(B), as amended by the REAL ID Act, supra.