1:26-cv-01424•Hana v. Raycraft et al
Full text
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ______ SALEIM YAKO HANA, Petitioner, v. KEVIN RAYCRAFT et al., Respondents. ____________________________/ Case No. 1:26-cv-1424 Hon. Hala Y. Jarbou OPINION Petitioner initiated this action when he was a United States Immigration and Customs Enforcement (ICE) detainee.1 (Pet., ECF No. 1.) In Petitioner’s § 2241 petition, Petitioner challenged the constitutionality of his detention and asked the Court to order Petitioner’s immediate release from ICE custody subject to his prior supervision conditions. (Id., PageID.7.)2 For the reasons set forth below, the Court will dismiss Petitioner’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 without prejudice. See 28 U.S.C. § 2243 (setting forth that a court must promptly order an answer or grant the writ under § 2241, “unless it appears from the application that the applicant or person detained is not entitled thereto”). Discussion The Constitution guarantees that the writ of habeas corpus is “available to every individual detained within the United States.” Hamdi v. Rumsfeld, 542 U.S. 507, 525 (2004) (citing U.S. Const., Art I, § 9, cl. 2). Section 2241 of Title 28 confers the federal courts with the power to issue 1 As set forth herein, Respondents subsequently removed Petitioner from the United States. 2 The Court grants Petitioner leave to proceed in forma pauperis in this action. (ECF No. 2.) Case 1:26-cv-01424-HYJ-SJB ECF No. 17, PageID.<pageID> Filed 06/01/26 Page 1 of 2
2 writs of habeas corpus to persons “in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2241. This includes challenges by non-citizens in immigration- related matters. See Zadvydas v. Davis, 533 U.S. 678, 687 (2001); see also A. A. R. P. v. Trump, 145 S. Ct. 1364, 1367 (2025). “Under Article III of the United States Constitution, federal courts have the power to adjudicate only ‘Cases’ and ‘Controversies.’” Cal. Palms Addiction Recovery Campus, Inc. v. United States, 158 F.4th 726, 730 (6th Cir. 2025) (quoting Mokdad v. Sessions, 876 F.3d 167, 169 (6th Cir. 2017)). “Part of what Article III requires is that there be a live case or controversy— ‘when the issues presented are no longer live or the parties lack a legally cognizable interest in the outcome,’ a case becomes moot.” Id. (some internal quotations omitted) (citation omitted). “When the case-and-controversy requirement is not satisfied, federal courts lack subject-matter jurisdiction.” Id. (citing Mokdad, 876 F.3d at 170.) On May 13, 2026, Respondents notified the Court that ICE had removed Petitioner from the United States on May 5, 2026. (See Form I-205, ECF No. 13-3, PageID.48.) Under these circumstances, because Petitioner is no longer in ICE custody, the Court will dismiss the action without prejudice.3 Conclusion For the reasons discussed above, the Court will enter a judgment dismissing Petitioner’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 without prejudice. Dated: June 1, 2026 /s/ Hala Y. Jarbou HALA Y. JARBOU CHIEF UNITED STATES DISTRICT JUDGE 3 The Court’s resolution of this action, as set forth herein, moots Respondents’ pending motion to dismiss (ECF No. 12). Case 1:26-cv-01424-HYJ-SJB ECF No. 17, PageID.<pageID> Filed 06/01/26 Page 2 of 2
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.