en banc denied (July 27, 2009). The petitioners in Kiyemba, nine ethnic Uighurs detained by the U.S. military in Guantanamo Bay, Cuba, petitioned the district court for a writ of habeas corpus based on the FARR Act, seeking to prevent their transfer to a country that might detain or torture them. Id. at 511. The Circuit dismissed the petition, holding that “Congress limited judicial review under the Convention [Against Torture] to claims raised in a challenge to a final order of removal.” Id. at 514-15 (citing Munaf 128 S.Ct. at 2226). Because the Uighurs were not challenging a final order of removal, the Circuit held that they could not succeed on the FARR Act claims asserted in their habeas petition. Id.; accord Khouzam v. Attorney Gen. of the U.S., 549 F.3d 235, 245 (3d Cir.2008) (<HOLDING>); Mironescu v. Costner, 480 F.3d 664, 676-77
holding that  1252a4 of the real id act precluded the district court from exercising jurisdiction over the petitioners habeas petition holding that a habeas petition filed more than 30 days after the effective date of the real id act cannot be transferred to the court of appeals as a petition for review for lack of jurisdiction holding that because the real id act created a remedy as broad in scope as a habeas petition the act is an adequate substitute for habeas corpus holding that the real id act does not restore jurisdiction over discretionary determinations holding that because petitioners habeas petition was converted to a petition for review under the real id act whether jordon was in custody under  2241  is a jurisdictional inquiry no longer relevant to our analysis here