Dmytro Mokanu v. Warden Miami Federal Detention Center, U.S. Department of Homeland Security

Summary

The United States District Court for the Southern District of Florida dismissed Dmytro Mokanu’s 28 U.S.C. § 2241 petition challenging his detention by Immigration and Customs Enforcement during removal proceedings. The court held that 8 U.S.C. § 1252(g) deprived it of subject matter jurisdiction because the petition arose from the decision to commence removal proceedings. The dismissal was without prejudice, the case was closed, and pending motions were denied as moot.

Holdings

1. Section 1252(g) deprives the district court of subject-matter jurisdiction over a petition challenging detention that resulted from the Attorney General's decision to commence removal proceedings.
2. A petitioner cannot invoke federal jurisdiction merely by characterizing a challenge to a removal-related detention decision as a constitutional claim.

Questions Presented

1. Whether 8 U.S.C. § 1252(g) deprived the district court of subject-matter jurisdiction over a § 2241 petition challenging detention in ICE custody pending removal proceedings.
2. Whether constitutional claims concerning the conditions or legality of immigration detention could avoid § 1252(g)'s jurisdictional bar.

Disposition

dismissed