Machado v. Gonzales

* 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 R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
United States Court of Appeals
Fifth Circuit
F I L E D
March 9, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 05-60921
_____________________
GREGORIO R. MACHADO,
Petitioner,
versus
ALBERTO R. GONZALES, U.S. Attorney General,
Respondent.
__________________________________________________
Petition for Review of an Order of the Board of Immigration Appeals
__________________________________________________
Before REAVLEY, DEMOSS and BENAVIDES, Circuit Judges.
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

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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.

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