Saturday, October 25, 2008

Purveegiin v. Chertoff (not precedential): Can't File Habeas For Improper Deportation Until In Custody

Purveegiin v. Chertoff
May 29, 2008, No. 07-2029
Not precedential

Judges Ambro, Fuentes, and Fisher in per curiam opinion.

In this case, someone filed a habeas petition while in the custody of the US immigration authorities. He asked the court for a stay of removal while the habeas case was pending. Around two months later, before the court ruled on the request, the authorities inadvertently removed him to Mongolia.

Although the court ordered the government to bring him back to the US, they have not yet done so, stuck in negotiations with the man about what will happen when he returns.

The Third Circuit ruled that because the man is not in custody right now (having been inavertently deported and not yet taken back into custody when he eventually will return), the habeas case cannot go ahead because he is no longer in custody.


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