Whether 8 U.S.C. § 1252(a)(5) eliminates jurisdiction over § 2255 / § 2241 claims challenging criminal convictions

Questions Presented Because he is actually innocent, petitioner Alejandro Garcia-Jacobo challenged his convictions for being an alien found in the United States without permission following deportation (8 U.S.C. § 1326) by filing a motion to vacate, set aside, or correct sentence (28 U.S.C. § 2255) and, in the alternative, petition for writ of habeas corpus (28 U.S.C. § 2241). The district court dismissed the motion / petition, finding that 8 U.S.C. § 1252(a)(5)—a statute covering only direct judicial review of a final order of removal made by an immigration judge or the Board of Immigration Appeals—deprived it of jurisdiction to consider Garcia-Jacobo’s collateral attack on his criminal convictions. The Ninth Circuit affirmed that ruling. This petition presents the following questions: 1. Does § 1252(a)(5) eliminate jurisdiction over § 2255 / § 2241 claims challenging criminal convictions? 2. If § 1252(a)(5) eliminates jurisdiction over § 2255 / § 2241 claims challenging criminal convictions, does that violate the Due Process and Suspension Clauses? 3. Should the Court should hold this petition pending disposition of Department of Homeland Security v. Thuraissiagiam, No. 19-161, which will consider whether another provision of § 1252 violates the Suspension Clause, and then grant this petition, vacate the judgment, and remand for reconsideration in light of that decision (GVR)? ii