Rivas-Melendrez v. Napolitano, No. 11-2246 (7th Cir. 2012)
Annotate this CaseRivas, a citizen of Mexico, entered the U.S. in 1970 as a lawful permanent resident. In 2009, DHS charged Rivas with removability because of a 1980 conviction for statutory rape. At his hearing Rivas argued that the conviction did not constitute an aggravated felony and that he was not removable. The IJ rejected the argument and a subsequent motion to reopen. In 2010 Rivas was removed to Mexico. Two months later Rivas filed a petition for habeas corpus. The district court dismissed the petition for lack of subject matter jurisdiction, finding the claim barred by 8 U.S.C. 1252(g), which prevents courts from hearing challenges to the execution of removal orders, and also that Rivas was not “in custody” as required under 28 U.S.C. 2241(c). The Seventh Circuit affirmed, stating that Rivas’s situation is sympathetic, but consideration was precluded by multiple jurisdictional bars.
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