The Eleventh Circuit has determined that a petitioner who is on an order of supervision, subject to an unexecuted deportation order, and facing threatened deportation is “in custody” for the purpose of a habeas statute. The court also concluded that a petitioner who departed the United State prior to the issuance of a deportation order did not execute the order, and upon return to the United States, is subject to the execution of the order.
The full text of Argueta Romero v. Attorney General can be found here:
https://media.ca11.uscourts.gov/opinions/pub/files/202012487.pdf