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Mesa v. Secretary, Florida Department of Corrections

United States District Court, M.D. Florida, Jacksonville Division

January 16, 2018

ANTONIO SUAREZ MESA, Petitioner,
v.
SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Respondent.

          ORDER

          TIMOTHY J. CORRIGAN, JUDGE

         Petitioner 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).

         Mesa is 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.[1] Id. at 7, 8.

         On 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.

         In 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 ICE.[2]

         Mesa 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.[3] 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. 2013).[4]

         Accordingly, it is

         ORDERED:

         1. 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 GRANTED.

         2. The Amended Petition for Habeas Corpus Under 28 U.S.C. § 2241 (Doc. 5) is DISMISSED WITHOUT PREJUDICE.

         3. The Clerk of Court shall enter judgment dismissing the Petition without prejudice and closing the file.

         4. If Petitioner appeals the dismissal of the Petition, the Court denies a certificate of appealability.[5] 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.

         DONE ...


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