Philius v. McAleenan

• Court: District Court, W.D. Louisiana
• Decided: August 29, 2019
• Docket: 1:19-cv-00701
• Status: Unknown

Opinion

RECEIVED 1 6 UNITED STATES DISTRICT COURT AUG $ 2019 WESTERN DISTRICT OF LOUISIANA es iy seers tats ALEXANDRIA DIVISION

WILKENS PHILIUS CASE NO. 19-CV-701 Vs. JUDGE DRELL KEVIN MCALEENAN, ET AL. MAG. JUDGE PEREZ-MONTES

JUDGMENT For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein (Doc. 4), and after de novo review of the record, including the objections filed by Petitioner (Doc. 11), and having determined that the findings are correct under applicable law; it is hereby ORDERED that Petitioner’s “Emergency Motion” (Doc. 2) is DENIED. It is further ORDERED, ADJUDGED and DECREED that Petitioner’s petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 is DISMISSED without prejudice based on the court’s lack of jurisdiction. Rosales v. Bureau of Immigration and Customs Enforcement, 426 F.3d 733, 735-36 (5™ Cir. 2005) (Real ID Act stripped federal district courts of jurisdiction over habeas petitions attacking removal orders); Castillo-Perales v. Holder, 411 Fed. Appx. 695, 695-96 (5" Cir. 2011) citing Mansoor v. Gonzales, 188 Fed. Appx. 273 (5" Cir. 2006) (although federal court of appeals is the sole remedy for review of removal orders under the Real ID Act, a district court may not transfer a petition for such review to the court of appeals except when such petition was pending at the time of the Real ID Act’s enactment). We note for petitioner’s benefit that he may refile his petition with the U.S. Fifth Circuit Court of Appeals, but should be aware of applicable time limits for such ee described at 8 USC § 1252(b)(1).

. THUS DONE AND SIGNED this?_Y day of August, 2019 at Alexandria, Louisiana.

UNITED STATES DISTRICT COURT