Bora v. Kane

Filing 12

ORDER, dismissing the Petition for Writ of Habeas Corpus. Signed by Judge Frederick J Martone on 6/14/11. (REW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Suy Bora,
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Petitioner,
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vs.
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Katrina S. Kane,
Defendant.

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No. CV-10-2810-PHX-FJM
ORDER

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The court has before it petitioner’s petition for a writ of habeas corpus, pursuant to 28
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U.S.C. § 2241 (doc. 1), respondents’ answer (doc. 7), and the report and recommendation of
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the United States Magistrate Judge recommending that the petition be denied (doc. 9).
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The docket indicates that petitioner is no longer in custody (doc. 10). “For a habeas
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petition to continue to present a live controversy after the petitioner’s release or deportation
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. . . there must be some remaining ‘collateral consequence’ that may be redressed by success
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on the petition.” Abdala v. I.N.S., 488 F.3d 1061, 1064 (9th Cir. 2007). Because petitioner
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challenges only the length of his detention, due to his release there is “no extant controversy
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for the district court to act upon” and the petition is moot. Id. at 1065.
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IT IS THEREFORE ORDERED DISMISSING the petition for a writ of habeas
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corpus (doc. 1).
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DATED this 14th day of June, 2011.