Filed: Mar. 19, 2018
Latest Update: Mar. 19, 2018
Summary: NOT FOR PUBLICATION OPINION AND ORDER JOHN MICHAEL VAZQUEZ , District Judge . On June 21, 2017, Petitioner filed a Petition for Writ of Habeas Corpus under 28 U.S.C. 2241 (ECF No. 1), challenging his detention since October 27, 2016, by the U.S. Immigration and Customs Enforcement ("ICE"). (ECF No. 1, 2.) This Court ordered Respondent to answer the petition. (ECF No. 2.) Respondent filed his Response on August 28, 2017. (ECF No. 5.) On March 5, 2018, this Court ordered Respondent to su
Summary: NOT FOR PUBLICATION OPINION AND ORDER JOHN MICHAEL VAZQUEZ , District Judge . On June 21, 2017, Petitioner filed a Petition for Writ of Habeas Corpus under 28 U.S.C. 2241 (ECF No. 1), challenging his detention since October 27, 2016, by the U.S. Immigration and Customs Enforcement ("ICE"). (ECF No. 1, 2.) This Court ordered Respondent to answer the petition. (ECF No. 2.) Respondent filed his Response on August 28, 2017. (ECF No. 5.) On March 5, 2018, this Court ordered Respondent to sub..
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NOT FOR PUBLICATION
OPINION AND ORDER
JOHN MICHAEL VAZQUEZ, District Judge.
On June 21, 2017, Petitioner filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (ECF No. 1), challenging his detention since October 27, 2016, by the U.S. Immigration and Customs Enforcement ("ICE"). (ECF No. 1, ¶2.) This Court ordered Respondent to answer the petition. (ECF No. 2.) Respondent filed his Response on August 28, 2017. (ECF No. 5.) On March 5, 2018, this Court ordered Respondent to submit supplemental briefing addressing the United States Supreme Court's ruling in Jennings v. Rodriguez, 2018 WL 1054878, 583 U.S. ____ (2018). (ECF No. 6.) On March 13, 2018, Respondent submitted a Declaration from Teresa Violano, Deportation Officer with the Immigrations and Customs and Enforcement, indicating that Petitioner was removed to Haiti on October 13, 2017. (ECF No. 7 at 2.) Respondent contends the habeas petition is moot. (ECF No. 7 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 19th day of March, 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.
