Eduardo Perez Alcala v. United States
Opinion
Trial Court Opinion
I. INTRODUCTION
18 On March 25, 2022, Petitioner Eduardo Perez Alcala, proceeding pro se, filed a Motion to Dismiss Immigration Detainer, which the Court construes as a Petition for 20 Writ of Habeas Corpus (“Petition”) under 28 U.S.C. § 2241 (“Section 2241”). (Dkt. 21 No. 1.) An individual may only seek federal habeas relief if the person is “in custody 22 under or by color of the authority of the United States” or “in custody in violation of the 23 Constitution or laws or treaties of the United States.” 28 U.S.C. § 2241(c)(1), (3). The 24 “in custody” requirement is a jurisdictional prerequisite to habeas review. See Wilson v. Case 5:22-cv-00527-JFW-ADS Document Filed 04/18/ Page 2 of Page ID #:
Belleque, 554 F.3d 816, 821 (9th Cir. 2009). For the reasons set forth below, the Petition is DISMISSED for lack of jurisdiction. II. BACKGROUND Petitioner is currently housed at the Federal Correctional Institution in Victorville, California. According to the Petition, on June 17, 2017, the Department of Homeland Security (“DHS”) placed an immigration detainer on Petitioner. (Id. at 5.)