Immigrant’s Use of Habeas Corpus to Challenge Removal Rejected

An immigrant’s habeas corpus petition designed to sidestep the process for challenging removal orders was rejected by the Third Circuit Monday.

The U.S. Court of Appeals for the Second Circuit is the only court with jurisdiction over Syed Tazu’s challenges, the court said in an opinion by Judge Stephanos Bibas.

Tazu was seeking a provisional unlawful presence waiver from the government when he was detained and ordered removed. Although he filed for review in the Second Circuit, he also filed a writ of habeas corpus in a district court in the Third Circuit, claiming ineffective assistance of counsel, demanding the ...