Smith v. U.S. Customs and Border Protection, 741 F.3d 1016 (9th Cir. Jan. 9, 2014) (affirming district courts denial of government's motion to dismiss habeas corpus action for lack of jurisdiction, since alien was not in custody, as required for federal jurisdiction over his 2241 habeas petition, and alien was ordered removed under the expedited removal statute, and thus was not entitled to hearing under statute providing for limited habeas review of expedited removal orders).