Vasquez-Rivera v. US Attorney General of America

Filing 5

MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 2/23/2018. (KBB)

FILED
2018 Feb-23 PM 04:23
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
AGUSTIN VASQUEZ-RIVERA,
Petitioner,
v.
US ATTORNEY GENERAL OF
AMERICA,

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Case No.:
4:17-cv-02070-AKK-SGC

Respondents.
MEMORANDUM OPINION
On December 12, 2017 Agustin Vasquez-Rivera filed a petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2241. Doc. 1. At the time he filed his
petition, Vasquez-Rivera, a native of Cuba, was incarcerated at the Etowah County
Detention Center, in the custody of the Bureau of Immigration and Customs
Enforcement (“ICE”). In his petition, Vasquez-Rivera alleged that he was being
illegally detained by ICE pending his deportation. On December 21, 2017, ICE
released Vasquez-Rivera on an Order of Supervision. Docs. 4 at 1; 4-1 at 1.
Respondents have filed a motion to dismiss the action as moot, since VasquezRivera is no longer in ICE custody. Doc. 4. For the reasons stated below, the
motion is due to be granted.
Article III of the Constitution limits the jurisdiction of federal courts to the
consideration of “cases or controversies.” U.S. Const. art. III, § 2. The doctrine of

mootness is derived from this limitation because “an action that is moot cannot be
characterized as an active case or controversy.” Adler v. Duval Cnty. Sch. Bd., 112
F.3d 1475, 1477 (11th Cir. 1997). A case is moot and must be dismissed if the
court can no longer provide “meaningful relief.” Nyaga v. Ashcroft, 323 F.3d 906,
913 (11th Cir. 2003) (citations omitted).
The relief sought by Vasquez-Rivera in his petition is to be released from
ICE custody. Where, as here, Vasquez-Rivera is no longer in ICE custody, his
petition has been rendered moot, unless one of the two exceptions to the mootness
doctrine applies.

Because neither “collateral consequences” or “capable of

repetition yet evading review,” see Carafas v. LaVallee, 391 U.S. 234, 237 (1968);
Murphy v. Hunt, 455 U.S. 478, 482 (1982), apply here, there is no longer any relief
that the court can grant to Vasquez-Rivera, and his petition is due to be dismissed
as moot.
Based on the foregoing, the Respondents’ motion to dismiss, doc. 6, is
GRANTED. A separate order will be entered.
DONE the 23rd day of February, 2018.

_________________________________
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE

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