The implication of not applying the unknown custodian exception here is that, as of March 9, the Petitioner, detained in the United States, would not have been able to call on any habeas court. Not in Louisiana, New York, or New Jersey. And not anywhere else, either.

That is too far. Our tradition is that there is no gap in the fabric of habeas — no place, no moment, where a person held in custody in the United States cannot call on a court to hear his case and decide it.

Judge Michael Farbiarz, Khalil v. Joyce, et al., April 1, 2025