United States Second Circuit

Dismissal of habeas petition is affirmed as a petitioner in immigration custody or under an order of removal as a consequence of his criminal conviction is not "in custody" within the meaning of 28 U.S.C. section 2254.

Appellate Information

• Decided 01/07/2008
• Published 01/07/2008

Judges

• MINER, Circuit Judge:, Before:  MESKILL,MINER, and CABRANES, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Ogunwomoju Adeniyi, Gardens, NY, pro se., Sue Chen, Special Assistant United States Attorney (Michael J. Garcia, United States Attorney for the Southern District of New York;  David S. Jones, Assistant United States Attorney, on the brief), New York, NY.