Leonardo Subias v. Edwin Meese, Attorney General of the United States

The substantial question in this case is whether federal court jurisdiction exists to review a habeas corpus petition under 28 U.S.C. § 2241 where the petitioner alleges detention in a foreign country.

I.

Petitioner Leonardo Subias (“Subias”) and five codefendants were indicted in 1980 in federal court in the Central District of California for conspiracy and aiding and abetting the sale of a controlled substance. Subias pled not guilty and was released on bond pending trial. When Subias failed to appear for trial, he was declared a fugitive. A bench warrant was issued, and Subias’ bond was forfeited.

On March 6, 1986, Subias filed a petition for writ of habeas corpus under 28 U.S.C. § 2241 in the district court for the Central District of California. He alleged he was a citizen and resident of the Republic of Mexico and that prior to trial in 1980 he “disappeared involuntarily from the jurisdiction of the Court and was returned to Mexico where he has been detained in various institutions and at various times to the present.” He also alleged he was “in custody by virtue of acts performed by and on behalf of the Respondent Attorney General.” Finally, Subias alleged that…