Fifth Circuit· 1/7/2003

Zolicoffer v. DOJ

Citations

315 F.3d 538
2003 WL 15899

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

collecting cases, finding that absent an order of removal “prisoners are not ‘in custody’ for purposes of 28 U.S.C. § 2241 simply because the INS has lodged a detainer against them.”
“agree[ing] with the majority of circuit courts considering this issue and hold[ing] that prisoners are not “in custody” for the purpose of 28 U.S.C. § 2241 simply because the INS has lodged a detainer against them.”
“‘Usually, ‘custody’ signifies incarceration or supervised release, but in general it encompasses most restrictions on liberty resulting from a criminal conviction.’”
“Most of the circuit courts that have 15 considered the question have held that [an immigration] detainer does not place a prisoner in 16 ‘custody’ for purposes of habeas proceedings.”
“Most of the circuit courts that have 11 considered the question have held that [an immigration] detainer does not place a prisoner in 12 ‘custody’ for purposes of habeas proceedings.”
“Most of the circuit courts that have considered the question have 1 | held that [an immigration] detainer does not place a prisoner in ‘custody’ for purposes of habeas 2 | proceedings.”

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16 cases in this archive cite this case.

Cites

12 cases in this archive are cited by this case.

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