Jobe v. Commissioner of CorrectionAnnotate this Case
The Supreme Court affirmed the judgment of the Appellate Court affirming the judgment of the habeas court, which dismissed Petitioner's petition for a writ of habeas corpus for lack of jurisdiction, holding that the Appellate Court correctly concluded that Petitioner's federal immigration detention did not satisfy the "custody" requirement of Conn. Gen. Stat. 52-466(a).
Petitioner, who was not a United States citizen, pleaded guilty to illegal possession of marijuana. After his release, Petitioner traveled outside the United States, was denied reentry, and was ordered removed on the basis of the possession of marijuana conviction. Petitioner filed a pro se petition for a writ of habeas corpus challenging his Connecticut conviction, arguing that his guilty plea was involuntary. The habeas court denied the petition. The Appellate Court affirmed on the alternative ground that Petitioner was not in custody pursuant to section 52-466(a)(1) at the time he filed his habeas petition and, therefore, that the habeas court lacked jurisdiction to adjudicate the merits of the petition. The Supreme Court affirmed, holding that the Appellate Court (1) improperly declined to review Petitioner's response to the alternative ground for affirmance advanced by the Commissioner of Correction, but the error was harmless; and (2) the habeas court properly dismissed the petition for lack of jurisdiction.