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Hamid involves a Withholding of Removal applicant who sought to present telephonic testimony in support of his claim.
The Immigration Judge accepted the affidavit into evidence, but declined to permit telephonic testimony; and then ruled against the petitioner on that very issue.  The National Immigrant Justice Center argued that this violated Due Process by curtailing Mr. Hamid’s right to be heard, but also that it went against the weight of the evidence.
The Seventh Circuit denied the Petition for Review by published opinion, finding jurisdiction only over the constitutional claims.  The Court found that our withholding arguments were not “legal,” and that it thus lacked jurisdiction to consider them under the Real ID statute.  However, the language used by the Court in analyzing the case has been cited it numerous times since publication in other contexts.
Read the Seventh Circuit Court of Appeals opinion, 417 F.3d 642 (7th Cir. 2005).