Jose Manuel Silva Quintanilla v. US Immigration and Customs Enforcement (ICE), Warden, No. 13-11247 (11th Cir. 2013)

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Case: 13-11247 Date Filed: 12/31/2013 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 13-11247 Non-Argument Calendar _____________________ District Court No. 1:12-cv-03739-SCJ JOSE MANUEL SILVA QUINTANILLA, Petitioner-Appellant, versus US IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE), WARDEN, Respondents-Appellees. ________________________ Appeal from the United States District Court for the Northern District of Georgia ________________________ (December 31, 2013) Before HULL, MARCUS, and HILL, Circuit Judges. HILL, Circuit Judge: Jose Quintanilla, a federal prisoner confined at United States Penitentiary (USP) Atlanta, appeals from the dismissal for lack of jurisdiction of his pro se Case: 13-11247 Date Filed: 12/31/2013 Page: 2 of 2 habeas corpus petition filed under 28 U.S.C. ' 2241. In his petition, Quintanilla asked the district court to order respondent Immigration and Customs Enforcement (ICE) to remove an immigration detainer lodged against him. The district court adopted the report and recommendation of the magistrate judge and dismissed the petition for lack of subject matter jurisdiction. See Orozco v. INS, 911 F.2d 539, 541 (11th Cir. 1990) (dismissing Section 2241 petition filed by state prisoner against whom only an immigration detainer was lodged). The filing of an immigration detainer, alone, does not render a federal prisoner in custody of ICE under Section 2241 for purposes of challenging that detainer. Id. Having reviewed the record and considered the arguments of the parties contained in their briefs, we affirm the district court in all respects to this appeal for the reasons stated by the district court. AFFIRMED. 2

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