context: This Court's earlier assertion that it retained habeas jurisdiction over Fierro's claim, however, did not address the fact that his claim is governed by the permanent, rather than the transitional, rules established by the AEDPA and the IIRI-RA. Under the transitional rules, certain categories of deportees were afforded no judicial review whatsoever, a legal scheme whose dubious constitutionality caused the First Circuit to rule that habeas jurisdiction still existed in the federal district court under the transitional rules.
citation_a.signal: see
citation_a.identifier: 76 F.Supp.2d 1060, 1062
citation_a.parenthetical: "Under the AEDPA and IIRIRA the appropriate forum for petitioner's challenge to his final deportation is not the district court but the court of appeals."
citation_a.sentence: See Goncalves, 144 F.3d at 122. Under the permanent rules, however, deportees such as Fierro may seek review of their claims in the Court of Appeals. See 8 U.S.C. § 1252(b)(5)(A); Rosas-Paniaqua v. Reno, 76 F.Supp.2d 1060, 1062 (N.D.Cal.1999) (“Under the AEDPA and IIRIRA the appropriate forum for petitioner’s challenge to his final deportation is not the district court but the court of appeals.”); see also 8 U.S.C. § 1252(a)(1). Whether that distinction between the transitional and permanent rules will satisfy the First Circuit’s constitutional concerns about withdrawal of habeas jurisdiction remains to be seen. See Prado v. Reno, 198 F.3d 286, 287 (1st Cir.1999) (noting that “[m]uch of the logic of our analysis” for jurisdictional issues under transitional rules applies under permanent rules as well). Neither party in this case has addressed the issue.
citation_b.signal: see also
citation_b.identifier: 198 F.3d 286, 287
citation_b.parenthetical: noting that "[m]uch of the logic of our analysis" for jurisdictional issues under transitional rules applies under permanent rules as well
citation_b.sentence: See Goncalves, 144 F.3d at 122. Under the permanent rules, however, deportees such as Fierro may seek review of their claims in the Court of Appeals. See 8 U.S.C. § 1252(b)(5)(A); Rosas-Paniaqua v. Reno, 76 F.Supp.2d 1060, 1062 (N.D.Cal.1999) (“Under the AEDPA and IIRIRA the appropriate forum for petitioner’s challenge to his final deportation is not the district court but the court of appeals.”); see also 8 U.S.C. § 1252(a)(1). Whether that distinction between the transitional and permanent rules will satisfy the First Circuit’s constitutional concerns about withdrawal of habeas jurisdiction remains to be seen. See Prado v. Reno, 198 F.3d 286, 287 (1st Cir.1999) (noting that “[m]uch of the logic of our analysis” for jurisdictional issues under transitional rules applies under permanent rules as well). Neither party in this case has addressed the issue.