Arnaiz: Habeas Not a Vehicle For Challenging Restitution

In Arnaiz v. Warden, No. 07-12649 (Jan. 26, 2010), the Court held that the writ of habeas corpus under 28 U.S.C. § 2241 does not encompass claims that challenge the restitution portion of a judgment of conviction. The Court reasoned that habeas is about release from custody. A challenge to restitution is not related to custody. The Court noted that offenders who are not sentenced to a term of incarceration are not entitled to challenge orders of restitution, and saw no reason to treat Arnaiz differently simply because his judgment subjected him to both incarceration and restitution.