Gilmer Alberto Cabrera Armas v. Warden of the Desert View Facility

Summary

The United States District Court for the Central District of California dismissed Gilmer Alberto Cabrera Armas’s motion for a stay of removal without prejudice for lack of subject matter jurisdiction. The court held that the REAL ID Act precluded district-court consideration of the motion and instructed Cabrera Armas to file the petition in the Ninth Circuit.

Holdings

1. The district court lacked subject matter jurisdiction to consider Plaintiff's motion for a stay of removal because the REAL ID Act of 2005 precludes district courts from reviewing challenges to removal.
2. The district court had an independent duty to determine whether subject matter jurisdiction existed and could dismiss the case when jurisdiction was absent.

Questions Presented

1. Whether the district court had subject matter jurisdiction to consider a motion for a stay of removal pending ICE's decision on a Form I-246 application.
2. Whether the case should be dismissed and the requested stay denied when jurisdiction was lacking.

Disposition

dismissed