United States Ninth Circuit

A habeas corpus petition alleging that defendant unlawfully issued an expedited removal order preventing petitioner, a Canadian, from entering the United States and imposing a five-year bar to reentry, is denied, where: 1) because petitioner was never in custody, this court lacked jurisdiction to consider his claims under the traditional habeas structure, but there is limited jurisdiction under 8 U.S.C. section 1252(e)(2)(B) to consider whether he was "ordered removed" under the expedited removal statute; and 2) on the merits and given the narrow set of facts in this case, petitioner was ordered removed, and section 1252(e)(2) does not permit consideration of a collateral challenge.

Appellate Information

• Decided 01/09/2014
• Published 01/09/2014

Judges

• McKEOWN

Court

• United States Ninth Circuit

Counsel