Arnold v. U.S. Attorney General
422 F. App'x 793
11th Cir.2011Background
- The Arnolds, UK natives, filed a § 2241 habeas petition challenging CBP actions and temporary parole.
- They alleged wrongful immigration fraud findings, inadmissibility, and requests for EOIR hearings.
- The district court dismissed for lack of subject matter jurisdiction, citing § 2241’s custody requirement and INA bars.
- Keith Arnold had already been removed; Susan, Kenny, and Jay were on temporary parole with unspecified restraints.
- The Arnolds argued § 2241(c)(3) and INA provided independent habeas review and treaty-right protections.
- The Eleventh Circuit affirmed dismissal, holding no custody at filing and no independent habeas jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioners were 'in custody' at filing. | Arnolds contend they were in custody due to parole restraints. | CBP shows no custody since parole imposes limited conditions. | Not in custody at filing; custody requirement not satisfied. |
| Whether § 2241(c)(3) permits review of treaty rights via EOIR hearing claims. | Arnolds seek review of treaty rights and full EOIR hearing denial under § 2241(c)(3). | No jurisdiction under § 2241(c)(3) for treaty-right challenges here. | No jurisdiction under § 2241(c)(3) for treaty-right review. |
| Whether INA provides independent habeas jurisdiction not subject to § 2241 custody. | INA authorizes independent habeas review separate from custody. | INA § 1329 bars suits against United States or its agencies; no independent jurisdiction. | INA does not provide independent habeas jurisdiction. |
Key Cases Cited
- Patel v. U.S. Att'y Gen., 334 F.3d 1259 (11th Cir. 2003) (custody requires significant restraint at filing)
- Miranda v. Reno, 238 F.3d 1156 (9th Cir. 2001) (deportation order alone does not equal custody)
- United States ex rel. Marcello v. Dist. Dir. of INS, 634 F.2d 964 (5th Cir. 1981) (pre-deportation restraints can establish custody where applicable)
- Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981) (binding precedent for pre-1981 Fifth Circuit decisions)