Chavez v. Carmichael

TYSON, Judge.

*198Mecklenburg County Sheriff Irwin Carmichael ("the Sheriff") appeals, in his official capacity, from two orders of the superior court ordering the Sheriff to release two individuals from his custody. We vacate the superior court's orders and remand to the superior court to dismiss the habeas corpus petitions for lack of subject matter jurisdiction.

I. Background

A. 287(g) Agreement and ICE Detainer Requests

The Sheriff and Immigration and Customs Enforcement ("ICE"), an agency under the jurisdiction and authority of the United States Department of Homeland Security ("DHS"), entered…