United States District Court, M.D. Florida, Jacksonville Division
TIMOTHY J. CORRIGAN, JUDGE
Antonio Suarez Mesa, an inmate of the Florida penal system,
initiated this action by filing a pro se petition for a writ
of habeas corpus under 28 U.S.C. § 2241 (Doc. 1), which
he later amended (Doc. 5) (Amended Petition). Mesa challenges
an immigration detainer issued by the Department of Homeland
Security, Immigration and Customs Enforcement (ICE). Mesa
names one respondent: the Secretary for the Florida
Department of Corrections (FDOC). Respondents filed a Limited
Response to Order to Show Cause and Motion to Dismiss
Secretary of the Florida Department of Corrections as an
Improper Party (Response) (Doc. 8) and attached exhibits
(Resp. Ex.). Mesa replied (Reply) (Doc. 9).
a native of Cuba who entered the United States without
inspection on March 31, 1992. See Am. Petition at 6,
8. In 1996, he was convicted in Hillsborough County of first
degree murder and was sentenced to life in prison with the
possibility of parole in twenty-five years. Id. at
6, 8. In 1999, ICE (formerly the United States Immigration
and Naturalization Service) lodged a federal immigration
detainer with FDOC. Id. at 7, 8.
November 27, 2011, Mesa filed a federal petition for writ of
habeas corpus pursuant to 28 U.S.C. § 2241 in the
Southern District of Florida challenging the federal ICE
detainer. Resp. Ex. A. In a report, a magistrate judge
recommended dismissal of Mesa's petition for lack of
jurisdiction, or in the alternative, denial of the petition.
Resp. Ex. C at 12. The district court ratified, adopted, and
affirmed the report and denied Mesa's petition. Resp. Ex.
C at 1. He subsequently filed this case.
Mesa's Amended Petition, he challenges the issuance of
the immigration detainer. Am. Petition at 2. He states the
relief he requests from this Court: “Order the removal
of the detainer and/or recall the detainer placed on
Petitioner pending the immigration hold, based on the
executive orders of President B.H. Obama's Nov. 20, 2014
order.” Id. at 9. “Under certain
circumstances, challenges to detainers may . . . be brought
under § 2241.” Orozco v. I.N.S., 911 F.2d
539, 541 (11th Cir. 1990) (citing Braden v. 30th Judicial
Circuit Court of Kentucky, 410 U.S. 484, 498 (1973)).
However, because ICE is not a party to this § 2241
action, this Court has no jurisdiction over
names the FDOC as the respondent, which is generally
appropriate in a §2241 action because Mesa is currently
in the physical custody of the FDOC. See Rumsfield v.
Padilla, 542 U.S. 426, 435 (2004). However, the FDOC did
not issue and has no control over the existence of the
immigration detainer. As such, this action is due to be
dismissed. See Louis v. Sec'y, Fla. Dep't of
Corr., 524 F. App'x 583 (11th Cir.
Respondents' Limited Response to Order to Show Cause and
Motion to Dismiss Secretary of the Florida Department of
Corrections as an Improper Party (Doc. 8) is
Amended Petition for Habeas Corpus Under 28 U.S.C. §
2241 (Doc. 5) is DISMISSED WITHOUT
Clerk of Court shall enter judgment
dismissing the Petition without prejudice and closing the
Petitioner appeals the dismissal of the Petition, the Court
denies a certificate of appealability. Because this
Court has determined that a certificate of appealability is
not warranted, the Clerk of the Court shall
terminate from the pending motions report any motion to
proceed on appeal as a pauper that may be filed in this case.
Such termination shall serve as a denial of the motion.