Yujing Shentu v. Director, ICE Honolulu Field Office

Summary

The United States District Court for the District of Hawaii dismissed Yujing Shentu’s petition under 28 U.S.C. § 2241 for lack of jurisdiction because she was not in custody when the petition was filed. The court concluded that GPS monitoring and the threat of future detention did not satisfy the habeas statute’s custody requirement and denied the remaining requests for relief as moot.

Holdings

1. A petitioner who is not in custody when a § 2241 petition is filed does not satisfy the statute's in-custody requirement, and the district court therefore lacks jurisdiction over the petition.
2. Electronic monitoring and the threat of future confinement, without more, do not satisfy the in-custody requirement for a § 2241 petition.

Questions Presented

1. Whether the Court had jurisdiction under 28 U.S.C. § 2241 when Shentu was not in physical custody and was not subject to a final order of removal.
2. Whether GPS monitoring and the threat of future detention satisfied the in-custody requirement for federal habeas jurisdiction.
3. Whether Shentu's remaining requests for relief should be denied as moot after dismissal of the petition.

Disposition

dismissed