United States Ninth Circuit

The district court's order denying petitioner's habeas petition challenging her 1999 expedited removal order, is vacated and dismissed, where: 1) the district court lacked jurisdiction to hear petitioner's case, because she ceased to be in custody once her removal was accomplished; and 2) aliens who are removable but not yet subject to a removal order are not "in custody" for purposes of 28 U.S.C. section 2241.

Appellate Information

• Decided 06/19/2013
• Published 06/19/2013

Judges

• IKUTA

Court

• United States Ninth Circuit

Counsel