Mehmood
Mehmood v. United States Attorney General
Opinion
trial_court Opinion
1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 YASIR MEHMOOD, Case No. 19-cv-06422-YGR (PR)
5 Petitioner,
ORDER OF TRANSFER
v. 6
7 UNITED STATES ATTORNEY GENERAL, et al., 8 Respondents.
9 Petitioner, a detainee of the United States Immigration and Customs Enforcement (“ICE”), 10 is currently incarcerated at the Krome Service Processing Center in Miami, Florida. He has filed a 11 pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 challenging the legality of 12 his custody by ICE, pending his removal from the United States. 13 Generally, 28 U.S.C. § 2241 is the proper basis for a habeas petition by a state prisoner 14 who is not held “pursuant to the judgment of a State court,” 28 U.S.C. § 2254, for instance a pre- 15 trial detainee, a prisoner awaiting extradition, or a prisoner whose conviction has been reversed on 16 appeal. See Walker v. O’Brien, 216 F.3d 626, 633 (7th Cir. 2000) (listing “pre-conviction 17 custody, custody awaiting extradition, or other forms of custody that are possible without a 18 conviction” as examples of when Section 2241…