context: Most courts construing IIRIRA have held that SS 1252(g) completely divests a district court of statutory jurisdiction to review decisions by the Attorney General arising out of deportation proceedings.
citation_a.signal: see
citation_a.parenthetical: "IIR[IR]A abolishes even review under SS 2241, leaving only the constitutional writ, unaided by statute."
citation_a.sentence: See, e.g., Ramallo v. Reno, 114 F.3d 1210, 1214 (D.C.Cir.1997), (“IIRIRA now undisputably deprives both district courts and courts of appeals of jurisdiction to decide the instant action [arising from the ‘decision or action’ of the Attorney General to execute a removal order].”), petition for cert. filed, 66 U.S.L.W. 3264 (1997) (No. 97-52); Safarian v. Reno, 968 F.Supp. at 1105 (“Generally, § 1252 has been held to divest the district court completely of all jurisdiction to review alien’s claims.”) (citing cases); Yang v. INS, 109 F.3d 1185, 1195 (7th Cir.1997) (“IIR[IR]A abolishes even review under § 2241, leaving only the constitutional writ, unaided by statute.”), cert. denied sub nom. Katsoulis v. INS, — U.S. —, 118 S.Ct. 624, 139 L.Ed.2d 605 (1997).
citation_b.signal: but see
citation_b.identifier: 970 F.Supp. 130, 157
citation_b.parenthetical: holding that IIRIRA does not remove statutory habeas jurisdiction because it does not contain express language repealing SS 2241 and because to do so would violate the separation of powers doctrine
citation_b.sentence: But see Mojica v. Reno, 970 F.Supp. 130, 157 (E.D.N.Y.1997) (holding that IIRIRA does not remove statutory habeas jurisdiction because it does not contain express language repealing § 2241 and because to do so would violate the separation of powers doctrine); Ozoanya v. Reno, 968 F.Supp. 1, 6-7 (D.D.C.1997) (“[T]he vague and uncertain language of Section 306(a)(2) of the IIRIRA (“except as provided in this section and notwithstanding any other provision of law, no court shall have jurisdiction to hear ...”) does not eliminate the recognized jurisdiction of the district courts under 28 U.S.C. § 2241 to hear habeas corpus claims of any person in custody, including deportable aliens.”).