U.S. Court of Appeals for the Fifth Circuit, 2007

Machado v. Gonzales

Machado v. Gonzales
U.S. Court of Appeals for the Fifth Circuit · Decided March 9, 2007 · Reavley, Demoss, Benavides
222 F. App'x 395

Machado v. Gonzales

Opinion

PER CURIAM: *

We reject Petitioner’s argument that this case was improperly transferred to this Court under the Real I.D. Act, because his claim is not independent of his order of removal. We consider this case as a petition for review of a removal order which Petitioner has previously assailed in his first petition for review filed in this Court.

In 1999 this court dismissed Petitioner’s first petition for review because of lack of jurisdiction. One panel cannot overrule another panel of the court. If we were to consider the claim of the manner of removal to give us jurisdiction, we would conclude that this is for Congress and the Executive and not for the courts.

DISMISSED.

*

Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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