Opinion
Civil Action No. 04-2079.
May 17, 2004
MEMORANDUM AND ORDER
Miguel A. Campbell is a citizen of Jamaica; as a result of a criminal conviction in the United States, he is facing deportation. He is no longer incarcerated, and is now living with his family in his home at 2022 South Larry Street in Philadelphia, Pennsylvania. On May 13, 2004, Mr. Campbell filed a habeas corpus petition pursuant to 28 U.S.C. § 2241, in which he sought to enjoin the federal defendant from deporting him to Jamaica.
Pursuant to the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), the party seeking habeas corpus relief must be "in custody" to bring a 28 U.S.C. § 2241 habeas petition. As Mr. Campbell is now residing in his own home, it would appear at first glance that the "in custody rule" would bar him from seeking relief from deportation by means of a habeas corpus petition. There is, however, a judicially created exception to the "in custody rule" called the "collateral consequences rule." Pursuant to the "collateral consequences rule," even if a petitioner is not currently in physical custody, he can still file a habeas if he currently suffers any adverse impact of any kind from the conviction. There is very little decisional law, on the "collateral consequences rule," but it apparently applies, for example, to the inability to vote, the inability to work as a public school teacher, the inability to hold paid office in a labor union, or, the inability to legally own a gun. It is impossible for the court to determine from the material presented by Mr. Campbell whether this "collateral consequences rule" would apply here. It appearing that Mr. Campbell is facing imminent deportation and that time is of the essence, it is accordingly ORDERED, this day of May, 2004, as follows.
1. Petitioner is granted leave to proceed in forma pauperis in this matter for all purposes, including any possible appeals.
2. The United States and all of its various departments, agencies, bureaus, agents, officers and employees, including the respondent, are ENJOINED from deporting petitioner from the United States until further notice of this court.
3. The petitioner shall submit a memorandum of law, to be received by this court within thirty days, explaining how he deems himself to be "in custody" pursuant to AEDPA, or else this petition shall be dismissed.