Unreported / Non-Citable
Background
Denis Karchebnyi, a Russian citizen subject to a final removal order, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 while in immigration custody. His case was one of more than 600 habeas petitions filed in the district seeking release from immigration custody during removal proceedings.
Karchebnyi alleged that he missed his deportation flight to Russia because Immigration and Customs Enforcement transported him to Miami International Airport too late. Rather than seeking release, he asked the court to order ICE to deport him to Russia as soon as possible.
The Court’s Holding
The court denied the habeas petition. Although § 2241 permits a person to challenge custody that violates the Constitution, federal law, or a treaty, Karchebnyi did not allege that ICE had committed any statutory or constitutional violation.
Because the petition identified no violation cognizable under § 2241, the court declined to order ICE to expedite Karchebnyi’s deportation. It also denied all pending motions as moot and directed the clerk to close the case.
Key Takeaways
- A § 2241 habeas petitioner must allege that custody violates the Constitution, federal law, or a treaty.
- An allegation that ICE caused a detainee to miss a removal flight, without an asserted legal or constitutional violation, did not support habeas relief.
- The court denied the petition, denied pending motions as moot, and closed the case.
Why It Matters
The decision underscores the limited function of habeas corpus in immigration detention cases. A detainee’s request for faster execution of a removal order is insufficient by itself; the petition must identify a statutory, constitutional, or treaty-based defect in the custody.