Mark R. Louis v. Secretary, Florida Department of Corrections, 524 F. App'x 583

Louis, a Haitian citizen, entered the United States without inspection in 1979 and was later convicted in Florida for first-degree murder in 1983, receiving a life sentence with at least 25 years before parole eligibility.
In 1984–1985, the INS initiated deportation proceedings and an immigration judge ordered Louis deported to Haiti.
In 2007, ICE lodged an immigration detainer with the Florida Department of Corrections, requesting notice before Louis’s release to allow custody transfer to DHS.
In 2011, Louis filed a pro se § 2241 petition challenging the detainer on due process grounds, including allegations that removal changes in Haiti could render the removal order invalid and that the detainer affected prison privileges.
The district court denied relief; the Eleventh Circuit reviews the petition de novo under § 2241, recognizing that an ICE detainer standing alone is generally not custody for § 2241 purposes.
The court affirmed, holding that the detainer did not cause Louis to come within INS custody, and thus the district court lacked jurisdiction to grant habeas relief.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does an ICE detainer create custody for §2241 purposes?	Louis contends the detainer places him in ICE custody.	Louis's custody is not created by a detainer alone.	Detainer alone does not establish custody; jurisdiction lacks.
Is the petition ripe where removal order validity is contested due to Haiti changes?	Removal order is invalid because Haiti's alterations preclude removal.	Validity of removal order is not conclusively altered by Haiti changes for detainer purposes.	Issue moot; court affirms dismissal for lack of jurisdiction.

Orozco v. U.S. INS, 911 F.2d 539 (11th Cir. 1990) (detainer standing alone does not create INS custody)
Skinner v. Wiley, 355 F.3d 1293 (11th Cir. 2004) (de novo review of § 2241 petitions challenging custody)