In Ogunwomoju v. United States, a Nigerian citizen in immigration detention following state convictions for drug possession and other offenses filed a habeas petition under 28 U.S.C. § 2254 to challenge his state drug conviction, seeking to reopen eligibility for immigration relief under former Section 212(c). The district court dismissed the petition, and the Second Circuit affirmed. The court held that immigration detention or a removal order does not satisfy the “in custody” requirement for § 2254 jurisdiction over challenges to state convictions. It reasoned that the petitioner was not in custody pursuant to the state judgment itself but rather under separate federal immigration authority, consistent with decisions from other circuits.

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