Elawyers Elawyers
Ohio| Change

Chernyak v. Nielsen, 18-2081 (JMV). (2018)

Court: District Court, D. New Jersey Number: infdco20180418c60 Visitors: 15
Filed: Apr. 17, 2018
Latest Update: Apr. 17, 2018
Summary: NOT FOR PUBLICATION OPINION AND ORDER JOHN MICHAEL VAZQUEZ , District Judge . On February 13, 2018, Petitioner filed a Petition for Writ of Habeas Corpus under 28 U.S.C. 2241 (ECF No. 1), challenging his detention since August 25, 2017, by the U.S. Immigration and Customs Enforcement ("ICE"). (ECF No. 1, 6.) This Court ordered Respondent to answer the petition. (ECF No. 4.) On April 16, 2018, Respondent submitted a Release Notification and an Order of Supervision indicating that Petiti
More

NOT FOR PUBLICATION

OPINION AND ORDER

On February 13, 2018, Petitioner filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (ECF No. 1), challenging his detention since August 25, 2017, by the U.S. Immigration and Customs Enforcement ("ICE"). (ECF No. 1, ¶6.) This Court ordered Respondent to answer the petition. (ECF No. 4.) On April 16, 2018, Respondent submitted a Release Notification and an Order of Supervision indicating that Petitioner was released on March 1, 2018. (ECF No. 6-1, 6-2.) Respondent contends the habeas petition is moot. (ECF No. 6 at 1.)

A habeas petition "generally becomes moot when [a petitioner] is released from custody" because there is no longer "an actual injury traceable to the defendant and likely to be redressed by a favorable judicial decision." Vasquez v. Aviles, 639 F. App'x 898, 902 (3d Cir. 2016) (quoting DeFoy v. McCullough, 393 F.3d 439, 442 (3d Cir. 2005)). The present petition no longer presents a case or controversy under Article III, § 2 of the United States Constitution because Petitioner is no longer detained by ICE. See id. (finding petition moot where there were no collateral consequences that could be addressed by success on the petition after removal) (citing Abdala v. I.N.S., 488 F.3d 1061, 1064 (9th Cir. 2007)). Therefore, the petition is dismissed as moot.

IT IS, therefore, on this 17th day of April, 2018

ORDERED that Petitioner's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (ECF No. 1) is DISMISSED as moot; and it is further

ORDERED that the Clerk shall serve a copy of this Order on Petitioner at his last known address; and it is further

ORDERED that the Clerk shall close this matter.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer