VELTMANN-BARRAGAN v. HOLDER

No. 11-56370.

717 F.3d 1086 (2013)

Irma Yolanda VELTMANN-BARRAGAN, Irma Yolanda Beltran, Petitioner-Appellant, v. Eric H. HOLDER, Jr., Attorney General; Janet A. Napolitano, Secretary of Department of Homeland Security; Paul Pierre, District Director, U.S. Citizenship and Immigration Services; Paul Morris, Field Operations Director, U.S. Customs and Border Protection, San Diego, California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 19, 2013.


Attorney(s) appearing for the Case

Nicole A. Leon (argued) and Jan Joseph Bejar , San Diego, CA, for Petitioner-Appellant.

Samuel W. Bettwy (argued), Assistant United States Attorney, Laura E. Duffy , United States Attorney, Tom Stahl , Assistant United States Attorney, San Diego, CA, for Respondents-Appellees.

Before: RICHARD A. PAEZ and SANDRA S. IKUTA, Circuit Judges, and DAVID A. EZRA, District Judge.


OPINION

IKUTA, Circuit Judge:

This case presents the question whether aliens who are removable, but not yet subject to a removal order, are "in custody" for purposes of 28 U.S.C. § 2241. We hold that they are not.

I

Irma Yolanda Veltmann-Barragan became a lawful permanent resident of the United States on December 15, 1982. In February 1999, border patrol officials stopped her when she was trying to transport aliens across the border...

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