Filed: Apr. 17, 2018
Latest Update: Apr. 17, 2018
Summary: NOT FOR PUBLICATION OPINIONANDORDER JOHN MICHAEL VAZQUEZ , District Judge . On January 25, 2018, Petitioner filed a Petition for Writ of Habeas Corpus under 28 U.S.C. 2241 (ECF No. 1), challenging his detention since July 2017 by the U.S. Immigration and Customs Enforcement ("ICE"). (ECF No. 1 at 3.) This Court ordered Respondent to answer the petition. (ECF No. 3.) On April 16, 2018, Respondent submitted an Order to Detain or Release indicating that Petitioner's proceedings were termin
Summary: NOT FOR PUBLICATION OPINIONANDORDER JOHN MICHAEL VAZQUEZ , District Judge . On January 25, 2018, Petitioner filed a Petition for Writ of Habeas Corpus under 28 U.S.C. 2241 (ECF No. 1), challenging his detention since July 2017 by the U.S. Immigration and Customs Enforcement ("ICE"). (ECF No. 1 at 3.) This Court ordered Respondent to answer the petition. (ECF No. 3.) On April 16, 2018, Respondent submitted an Order to Detain or Release indicating that Petitioner's proceedings were termina..
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NOT FOR PUBLICATION
OPINIONANDORDER
JOHN MICHAEL VAZQUEZ, District Judge.
On January 25, 2018, Petitioner filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (ECF No. 1), challenging his detention since July 2017 by the U.S. Immigration and Customs Enforcement ("ICE"). (ECF No. 1 at 3.) This Court ordered Respondent to answer the petition. (ECF No. 3.) On April 16, 2018, Respondent submitted an Order to Detain or Release indicating that Petitioner's proceedings were terminated and that he was released on March 29, 2018. (ECF No. 5-1.) Respondent contends the habeas petition is moot. (ECF No. 5 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.