JOHN E. STEELE, Senior District Judge.
This matter comes before the Court upon review of Respondent's Motion to Dismiss (Doc. #15), filed on December 3, 2015.
Petitioner Aven Pierre, a native and citizen of the Bahamas, filed a pro se 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (Doc. #1), while detained at the Glades County Detention Center, on March 5, 2013. Petitioner challenges his mandatory detention pursuant to 8 U.S.C. § 1226(c).
Respondent filed a Response opposing the Petition in its entirety. (Doc. #9.) Respondent contends that Pierre was properly subject to mandatory detention under 8 U.S.C. § 1226(c) pending deportation because he committed crimes subjecting him to the provisions of this statute. Petitioner filed a reply (Doc. #10).
On November 23, 2015, the Court issued an Order requiring Respondent to file an update with the Court informing the Court of the status of Petitioner's removal proceedings. (Doc. #14.) In response to the Court's Order, Respondent filed a Motion to Dismiss for Mootness (Doc. #15). Respondent contends that the Petition is due to be dismissed as moot because Pierre has been removed from the United States.
The uncontested factual history set forth in Respondent's Response is as follows: Petitioner, a native and citizen of the Bahamas who entered the United States in 1976. In 1988 (effective 1982) his status was changed to lawful permanent resident.
In 1994, Petitioner was convicted of aggravated assault with a deadly weapon, false imprisonment, and battery. He was sentenced to 146 days in jail and five years of probation. In 1999, Petitioner was convicted of attempted possession of cocaine with intent to sell or deliver, and sentenced to 8 months in prison, 20 months of probation, and 50 hours community service. In 2002, Petitioner was convicted of delivery of cocaine and possession of cocaine. He was sentenced to seven days in jail and one year of community control. Finally, in 2011, Petitioner was convicted of possession of more than 20 grams of cannabis. He was sentence to one day in jail, 18 months or probation, and 100 hours of community service.
On March 28, 2012, the United States Immigration and Customs Enforcement ("ICE") detained Petitioner at the Department of Corrections Probation Office. That same day, he was served with a Notice to Appear charging him with removability. Petitioner was also notified in writing that he was subject to mandatory detention.
On March 29, 2012, the Department of Homeland Security initiated removal proceedings by fling the Notice to Appear with the Krome Immigration Court. On March 18, 2013, Petitioner filed the instant habeas petition. On April 11, 2013, Petitioner was ordered removed. Petitioner timely appealed with the Board of Immigration Appeals on May 2, 2013. On November 13, 2013, the United States Immigration and Naturalization Service released Petitioner from custody and removed him to the Bahamas. (Doc. #15-1.)
"Article III of the Constitution restricts the power of federal courts to `Cases' and `Controversies.'"
In this case, it is undisputed that Pierre has left the United States. (Doc. #15-1.) To the extent Pierre sought release from his confinement pending deportation, the Court can no longer give him any meaningful relief.
ACCORDINGLY, it is hereby
1. Respondents Marc Moore, Anthony Aiello, Eric Holder, and Janet Napolitano, are
2. Respondent's Motion to Dismiss (Doc. #15) is
3. The Clerk of Court shall terminate any pending motions, enter judgment accordingly, and close this case.