Filed: Jul. 20, 2018
Latest Update: Jul. 20, 2018
Summary: REPORT AND RECOMMENDATION WILLIAM I. ARBUCKLE , Magistrate Judge . On December 14, 2017, the Court received and filed the instant pro se Petition for Writ of Habeas Corpus submitted pursuant to 28 U.S.C. 2241 on behalf of Petitioner Juan Tomas Sanchez-Rodriguez ("Sanchez-Rodriguez"). (Doc. 1). At the time of filing, Sanchez-Rodriguez, a citizen of the Dominican Republic, was being held in the custody of United States Immigration and Customs Enforcement ("ICE") at Pike County Prison, loc
Summary: REPORT AND RECOMMENDATION WILLIAM I. ARBUCKLE , Magistrate Judge . On December 14, 2017, the Court received and filed the instant pro se Petition for Writ of Habeas Corpus submitted pursuant to 28 U.S.C. 2241 on behalf of Petitioner Juan Tomas Sanchez-Rodriguez ("Sanchez-Rodriguez"). (Doc. 1). At the time of filing, Sanchez-Rodriguez, a citizen of the Dominican Republic, was being held in the custody of United States Immigration and Customs Enforcement ("ICE") at Pike County Prison, loca..
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REPORT AND RECOMMENDATION
WILLIAM I. ARBUCKLE, Magistrate Judge.
On December 14, 2017, the Court received and filed the instant pro se Petition for Writ of Habeas Corpus submitted pursuant to 28 U.S.C. § 2241 on behalf of Petitioner Juan Tomas Sanchez-Rodriguez ("Sanchez-Rodriguez"). (Doc. 1). At the time of filing, Sanchez-Rodriguez, a citizen of the Dominican Republic, was being held in the custody of United States Immigration and Customs Enforcement ("ICE") at Pike County Prison, located in Lords Valley, Pennsylvania. (Doc. 1, ¶ 11). In his Petition, Sanchez-Rodriguez challenged his continued detention in ICE custody. (Doc. 1, ¶¶ 35-41).
Respondent has filed a suggestion of mootness, (Doc. 22), in which he reports that Sanchez-Rodriguez was removed from the United States on June 19, 2018. Because Sanchez-Rodriguez has already been deported and is, therefore, no longer in custody, the challenge to his detention is moot and the habeas petition must be dismissed. Lindaastuty v. Attorney Gen., 186 F. App'x 294, 298 (3d Cir. 2006); Audain v. Decker, No. 3:12-CV-02301, 2013 WL 5656128, at *2 (M.D. Pa. Oct. 15, 2013).
Accordingly, IT IS RECOMMENDED that:
(1) Sanchez-Rodriguez's Petition (Doc. 1) be DISMISSED AS MOOT; and
(2) The Clerk of Court CLOSE this case.
NOTICE OF LOCAL RULE 72.3 NOTICE IS HEREBY GIVEN that any party may obtain a review of the Report and Recommendation pursuant to Local Rule 72.3, which provides:
Any party may object to a magistrate judge's proposed findings, recommendations or report addressing a motion or matter described in 28 U.S.C. § 636 (b)(1)(B) or making a recommendation for the disposition of a prisoner case or a habeas corpus petition within fourteen (14) days after being served with a copy thereof. Such party shall file with the clerk of court, and serve on the magistrate judge and all parties, written objections which shall specifically identify the portions of the proposed findings, recommendations or report to which objection is made and the basis for such objections. The briefing requirements set forth in Local Rule 72.2 shall apply. A judge shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made and may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge, however, need conduct a new hearing only in his or her discretion or where required by law, and may consider the record developed before the magistrate judge, making his or her own determination on the basis of that record. The judge may also receive further evidence, recall witnesses, or recommit the matter to the magistrate judge with instructions.
