Russell Abrutyn

Abrutyn Law PLLC

3765 12 Mile Road

Berkley, MI 48072


Friday, April 16, 2010

REAL ID Act precludes Writ of Prohibition

Elgharib v. Holder, http://www.ca6.uscourts.gov/opinions.pdf/10a0086p-06.pdf (published).

There seems to be a never ending supply of writs.  But the REAL ID Act streamlines judicial review of removal orders and more or less renders these writs to the dustbin of history, at least when it comes to immigration cases.

242(a)(5) and (g) prohibit a writ of prohibition, even one that raises constitutional issues.

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