James Rubio v. Lorie Davis, Director

STEPHEN A. HIGGINSON, Circuit Judge:

James Rubio appeals the dismissal of his petition for habeas corpus for lack of jurisdiction. This court granted a certificate of appealability on the narrow question of whether Rubio was "in custody" under the challenged state court judgment. Because we hold that Rubio satisfies the custody requirement, we reverse.

I

Rubio is a Texas state prisoner. He is currently subject to two distinct state court judgments: a civil commitment order and a criminal conviction. In 2011, Rubio was adjudged a sexually violent predator under the Texas Health and Safety Code…