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Keywords

jurisdictionappealhabeas corpusleaseparole
jurisdictionappealhabeas corpusleaseparole

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Vargas v. Swan

Facts

The alien came to the United States illegally from Cuba and was granted parole. While in the United States, he was sentenced to 20 years in a state prison for attempted murder. The INS filed a detainer requesting the state prison to notify the agency 30 days prior to the alien's release so that a determination could be made as to whether he would be excluded from the country. The alien petitioned for a writ of habeas corpus, requesting that the INS process or dismiss the detainer. The district court denied the writ.

The alien came to the United States illegally from Cuba and was granted parole. While in the United States, he was sentenced to 20 years in a state prison for attempted murder. The INS filed a detainer requesting the state prison to notify the agency 30 days prior to the alien's release so that a determination could be made as to whether he would be excluded from the country. The alien petitioned for a writ of habeas corpus, requesting that the INS process or dismiss the detainer. The district court denied the writ.

Issue

Whether the INS's filing of a 'detainer' with Wisconsin or its granting of 'parole' status constitutes sufficient custody to establish habeas jurisdiction under 28 U.S.C. 2241.

Whether the INS's filing of a 'detainer' with Wisconsin or its granting of 'parole' status constitutes sufficient custody to establish habeas jurisdiction under 28 U.S.C. 2241.

Rule

The applicable habeas section states that 'the writ of habeas corpus shall not extend to a prisoner unless . . . he is in custody in violation of the Constitution or laws or treaties of the United States.' 28 U.S.C. 2241(c)(3).

The applicable habeas section states that 'the writ of habeas corpus shall not extend to a prisoner unless . . . he is in custody in violation of the Constitution or laws or treaties of the United States.' 28 U.S.C. 2241(c)(3).

Analysis

The court explained that actual physical constraint was not required for habeas corpus jurisdiction; other restraints on liberty were sufficient. The court found that the factual record in the case was too incomplete to make a determination as to the restrictions on the alien's liberty and remanded the action for a further determination as to the facts of his custody.

The court explained that actual physical constraint was not required for habeas corpus jurisdiction; other restraints on liberty were sufficient. The court found that the factual record in the case was too incomplete to make a determination as to the restrictions on the alien's liberty and remanded the action for a further determination as to the facts of his custody.

Conclusion

The court vacated the district court's judgment and remanded the case to that court for a full consideration of the jurisdictional issues discussed in the court's opinion.

The court vacated the district court's judgment and remanded the case to that court for a full consideration of the jurisdictional issues discussed in the court's opinion.

Who won?

The petitioner, Vargas, prevailed in the appeal as the court remanded the case for further factual determination regarding his custody status.

The petitioner, Vargas, prevailed in the appeal as the court remanded the case for further factual determination regarding his custody status.

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