Elvis Muli Mbutha v. U.S. Immigration and Customs Enforcement

Summary

The United States District Court for the Southern District of Florida dismissed Elvis Muli Mbutha’s habeas petition challenging his detention pursuant to an immigration detainer. The court held that 8 U.S.C. § 1252(g) deprived it of subject matter jurisdiction because the claim arose from the Attorney General’s decision to commence immigration proceedings. The court also concluded that the requested injunctive and declaratory relief exceeded the historical scope of habeas corpus and that the petition was moot because the immigration detainer was no longer holding the petitioner.

Holdings

1. Section 1252(g) deprived the court of subject-matter jurisdiction because Mbutha's challenge to detention pursuant to an immigration detainer arose from the Attorney General's decision or action to commence immigration proceedings.
2. Even if the court had subject-matter jurisdiction, the petition could not provide the requested injunctive and declaratory relief because that relief fell outside the historical core of habeas corpus.
3. The petition was moot because Mbutha was no longer being held on the immigration detainer and there was no remaining relief for the court to provide.

Questions Presented

1. Whether 8 U.S.C. § 1252(g) deprived the district court of subject-matter jurisdiction over a habeas petition challenging detention pursuant to an immigration detainer.
2. Whether the requested injunctive and declaratory relief fell outside the historically available scope of habeas corpus.
3. Whether the petition was moot because Mbutha was no longer being held on the immigration detainer.

Disposition

dismissed