D Angelo Nunez v. United States

BACKGROUND

In March 2007, Petitioner was sentenced to a mandatory minimum term of imprisonment of 240 months following his conviction in the United States District Court for the Southern District of New York for conspiracy to distribute and possess with intent to distribute a controlled substance. See Petition at 1 (citing S.D.N.Y. Case No. 1:05-cr-00909-DLC-1). Petitioner does not challenge his conviction but rather the immigration detainer that was lodged against him in 2011. See id. Petitioner argues that the detainer must be removed because robbery under the Hobbs Act no longer constitutes an aggravated felony. See id. at 6. According to Petitioner, the detainer prevents him from receiving the benefits of certain programs, such as release to a halfway house. See id. Il. DISCUSSION In relevant part, the federal habeas statute provides that a district court may entertain a habeas application by a person “in custody under or by color of the authority of the United States” or “in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2241(c)(1), (3). The Supreme Court has interpreted the statutory language to mean “in custody” pursuant…