Azucena
Azucena v. Department of Homeland Security
Opinion
Trial Court Opinion
] 2 3 4 5 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 9 CALEB AZUCENA, Case No. 23-cv-00531-RS (PR) Petitioner, 11 Vv. ORDER OF DISMISSAL
DEPARTMENT OF HOMELAND
SECURITY, Respondent. 15 This federal action was filed as a petition for writ of habeas corpus, that is, as a || challenge to the validity or duration of petitioner’s custody. A review of the original and || amended petitions indicates that petitioner 1s not challenging any confinement — in fact, || he is not in custody at all. The federal writ of habeas corpus is only available to persons || “in custody” at the time the petition is filed. See 28 U.S.C. §§ 2241(c), 2254(a); Carafas v. || LaVallee, 391 U.S. 234, 238 (1968). Because petitioner is not in custody, this Court has || no jurisdiction over his petition. Rather than challenge his custody, petitioner raises claims of illegal search and |) seizure at an unspecified airport and at San Francisco’s airport, and being touched ||…