Veltmann-Barragan v. Holder, No. 11-56370 (9th Cir. 2013)
Annotate this CasePetitioner appealed the district court's denial of her habeas petition pursuant to 28 U.S.C. 2241. At issue was whether aliens who were removable, but not yet subject to a removal order, were "in custody" for purposes of section 2241. The court held that they were not. In this case, the district court lacked jurisdiction to consider petitioner's habeas petition because she was not in custody for purposes of section 2241. Accordingly, the court vacated the district court's order denying the petition and dismissed the case.
Court Description: Immigration. The panel vacated and dismissed the district court’s order denying on the merits Irma Veltmann-Barragan’s 28 U.S.C. § 2241 habeas petition challenging her 1999 expedited removal order. The panel concluded that the district court lacked jurisdiction to hear Veltmann’s case, because she ceased to be in custody once her removal was accomplished. The panel also held that aliens who are removable but not yet subject to a removal order are not “in custody” for purposes of 28 U.S.C. § 2241.
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