Monday, July 11, 2005

Transfer of District Court case under REAL ID Act

Papageorgiou v. Atty Gen USA Filed 06/24/05, No. 04-3135: in this precedential decision, the Third Circuit ruled that the Real ID Act's provisions to take cases away from district courts applies retroactively to force those cases to be moved to the Third Circuit.

This case involved a drug trafficking conviction (cocaine). Before the Real ID Act, cases involving deportation based on drug trafficking crimes had to go to the district court, not directly to the Third Circuit. The Real ID Act changed this (which often hurts immigrants because now an extremely strict 30-day deadline is imposed on requests for the Third Circuit to review a decision).

The Ninth Circuit has also ruled that the Real ID Act applies retroactively to pending cases.


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