Merlan v. Holder

Sixtos Merlán, a native and citizen of Mexico, appeals the district court’s dismissal for lack of subject matter jurisdiction of his 28 U.S.C. § 2241 habeas petition challenging the removal order resulting in his deportation to Mexico. Merlán argues that he is “in custody” within the meaning of § 2241 because he is being restrained from returning to the United States despite his wrongful removal. The respondent argues that Merlán is not “in custody” for habeas jurisdictional purposes and further that the REAL ID Act precludes the district court from having jurisdiction to address a habeas…