Summary
affirming the dismissal of a federal prisoner's § 2241 petition that challenged an immigration detainer
Summary of this case from Nguyen Tram Bui v. BradlyOpinion
No. 13-11247 District Court No. 1:12-cv-03739-SCJ
12-31-2013
JOSE MANUEL SILVA QUINTANILLA, Petitioner-Appellant, v. US IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE), WARDEN, Respondents-Appellees.
[DO NOT PUBLISH]
Non-Argument Calendar
Appeal from the United States District Court
for the Northern District of Georgia
Before HULL, MARCUS, and HILL, Circuit Judges. HILL, Circuit Judge:
Jose Quintanilla, a federal prisoner confined at United States Penitentiary (USP) Atlanta, appeals from the dismissal for lack of jurisdiction of his pro se habeas corpus petition filed under 28 U.S.C. § 2241. In his petition, Quintanilla asked the district court to order respondent Immigration and Customs Enforcement (ICE) to remove an immigration detainer lodged against him.
The district court adopted the report and recommendation of the magistrate judge and dismissed the petition for lack of subject matter jurisdiction. See Orozco v. INS, 911 F.2d 539, 541 (11th Cir. 1990) (dismissing Section 2241 petition filed by state prisoner against whom only an immigration detainer was lodged). The filing of an immigration detainer, alone, does not render a federal prisoner in custody of ICE under Section 2241 for purposes of challenging that detainer. Id.
Having reviewed the record and considered the arguments of the parties contained in their briefs, we affirm the district court in all respects to this appeal for the reasons stated by the district court.
AFFIRMED.