Bailey
Bailey v. Borda
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 7 JASPER W. BAILEY, G60744, Case No. 24-cv-02307-CRB (PR)
Petitioner, ORDER DISMISSING PETITION FOR
A WRIT OF HABEAS CORPUS
v. (ECF Nos. 2, 3 & 5) E. BORDA, Warden, Respondent.
Petitioner, a state prisoner serving multiple state court sentences at the Correctional Training Facility (CTF) in Soledad, California, has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging an immigration detainer filed against him by Immigration and Customs Enforcement (ICE). Petitioner also seeks leave to proceed in forma pauperis (IFP) under 28 U.S.C. § 1915. The federal writ of habeas corpus is only available to persons “in custody” at the time the petition for a writ of habeas corpus is filed. See 28 U.S.C. §§ 2241(c), 2254(a). This requirement is jurisdictional. Carafas v. LaVallee, 391 U.S. 234, 238 (1968). And unfortunately for petitioner, 20 it is well established that an immigration detainer “does not sufficiently place an…