Carrillo

MEMORANDUM **

Joel Carrillo (“Carrillo”) was removed from the United States on October 8, 2003. One week later he filed a petition for habeas corpus in the United States District Court, which rejected the petition after concluding that Carrillo did not meet the “in custody” requirement of 28 U.S.C. § 2241 (c)(3). But because we conclude that Carrillo was removed without receiving proper notice of a decision by an immigration judge (“IJ”) affecting his removal, we reverse that decision and remand this case to the district court for consideration of the substantive merits of Carrillo’s claim.

Carrillo is a native and citizen of Mexico who entered the United States without inspection in 1985. He voluntarily entered into removal proceedings with the Immigration and Naturalization Service (“INS,” now the Department of Homeland Security) in 2001 in the hopes of qualifying for cancellation of removal under 8 U.S.C. § 1229b(b)(l). But after he arrived some 15 minutes late for a hearing, the IJ entered a removal order in absentia on September 3, 2003. Carrillo filed a motion to rescind that order the next day.

Pursuant to the in absentia order, the INS served Carrillo with a “bag and…