Judge Michael Telesca
Admitted as a permanent resident, Bhagchandani was charged with removal as an alien convicted of two crimes involving moral turpitude. Despite a July 2007 removal order, he remained in Department of Homeland Security (DHS) detention. Released in December 2011 under DHS's Enhanced Supervised Release program, Bhagchandani removed the global positioning system from his ankle. Rearrested and returned to DHS custody for failing to abide by the conditions of supervision, he was released from DHS custody in 2009 under another supervision order. He is at large, under supervision conditions, pending repatriation. District court denied Bhagchandani 28 USC §2241 habeas relief. Based on his continued efforts to prevent deportation, Bhagchandani's request that his immigration status be changed—viewed as seeking permanent residency's restoration—challenged the underlying removal order. Under the REAL ID Act, the only means to review a removal order is through a petition with the appropriate appellate circuit. Thus district court lacks jurisdiction. Further, any relief possible under 28 USC §2241 has already been granted. Because Bhagchandani is no longer in DHS custody, his petition does not challenge the "legality or duration" of his confinement.
