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I.M. v. UNITED STATES CUSTOMS & BORDER PROTECTION

No. 22-5071.

67 F.4th 436 (2023)

I.M., Appellant, v. UNITED STATES CUSTOMS AND BORDER PROTECTION, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 12, 2023.

Attorney(s) appearing for the Case

Jeffrey B. Dubner argued the cause for appellant. With him on the briefs were Sean A. Lev , Keren H. Zwick , Mark Fleming , James H. Barker , L. Allison Herzog , Joseph Begun , and Jacob P. Rush .

Sabrineh Ardalan was on the brief for amicus curiae Harvard Immigration and Refugee Clinical Program in support of appellant.

Brian C. Ward , Senior Litigation Counsel, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Brian M. Boynton , Principal Deputy Assistant Attorney General, and Erez Reuveni , Assistant Director. Lauren C. Bingham , Senior Litigation Counsel, entered an appearance.

Opinion for the Court filed by Circuit Judge Walker, with whom Circuit Judge Rao joins except as to Part II.C.

The Government removed IM from the United States. Back in his home country, IM filed a habeas petition, arguing that his removal was unlawful. But habeas proceedings are available only when a petitioner is in government custody. Because IM was out of custody, he could not use habeas to challenge his removal.

I. Background...

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