Ninth Circuit: Willian Rauda v. David Jennings

 

Statute proibits Article III challenges to the removal of a foreign citizen even where that removal happens in advance of statutorily guaranteed motion to reopen the case, since that remedy can be pursued abroad; this is true even where there is a showing of risk to the petitioner from removal.

Habeas jurisdiciton is similarly foreclosed, as petitioner is not seeking relief from executive detention, and as an alien in the process of being removed, has no proceedural rights other than those guaranteed by statute.


https://cdn.ca9.uscourts.gov/datastore/opinions/2021/08/13/21-16062.pdf