Morceli v. Kane

Filing 14

ORDER that the Petition for Writ of Habeas Corpus 1 is denied as moot. ORDER that the Report and Recommendation 13 is likewise moot and ordered terminated. ORDER that the Clerk of the Court shall terminate this action. Signed by Judge G Murray Snow on 3/5/12. (TLJ)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Farid Morceli,
Petitioner,

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vs.

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Katrina Kane,
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Respondent.
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No. CV 11-1225-PHX-GMS
ORDER

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Pending before the Court is Petitioner’s Petition for Writ of Habeas Corpus, filed

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pursuant to 28 U.S.C. § 2241 (Doc. 1). Petitioner argues that he is entitled to be released

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from custody pending his deportation. On February 14, 2012, Respondent filed a Notice re

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Suggestion of Mootness (Doc. 12). Pursuant to the government’s Order of Supervision

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attached to the Notice (Doc. 12-1), Petitioner was released from immigration detention on

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September 13, 2011. On February 28, 2012, the magistrate judge issued a Report and

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Recommendation. (Doc. 13.)

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This Court lacks jurisdiction to review moot issues. Gator.com Corp. v. L.L. Bean,

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Inc., 398 F.3d 1125, 1128 (9th Cir. 2005) (“It is an inexorable command of the United States

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Constitution that the federal courts confine themselves to deciding actual cases and

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controversies.”). The test for mootness is whether the court can give a party any effective

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relief in the event that it decides the matter on the merits in its favor; “[t]hat is, whether the

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court can ‘undo’ the effects of the alleged wrongdoing.” Reimers v. Oregon, 863 F.2d 630,

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632 (9th Cir. 1989).

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Here, the pending Petition seeks his release from custody pending deportation. In

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view of Petitioner’s release from custody, the relief he requests can no longer be effected by

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this Court. Therefore, no “case or controversy” under Article III of the United States

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Constitution remains, and the petition is moot. Picrin-Peron v. Rison, 930 F.2d 773, 776 (9th

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Cir. 1991) (finding that because the petitioner only requested a release from custody and had

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been released the court could provide no further relief and the petition was properly

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dismissed). This case must therefore be dismissed.

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IT IS THEREFORE ORDERED that the Petition for Writ of Habeas Corpus (Doc..
1) is DENIED AS MOOT.

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IT IS FURTHER ORDERED that the Report and Recommendation (Doc. 13) is
likewise MOOT and ordered terminated.

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IT IS FURTHER ORDERED that the Clerk of the Court shall TERMINATE this
action.
DATED this 5th day of March, 2012.

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