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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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Farid Morceli, Petitioner, 10 11 vs. 12 Katrina Kane, 13 Respondent. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV 11-1225-PHX-GMS ORDER 15 16 Pending before the Court is Petitioner’s Petition for Writ of Habeas Corpus, filed 17 pursuant to 28 U.S.C. § 2241 (Doc. 1). Petitioner argues that he is entitled to be released 18 from custody pending his deportation. On February 14, 2012, Respondent filed a Notice re 19 Suggestion of Mootness (Doc. 12). Pursuant to the government’s Order of Supervision 20 attached to the Notice (Doc. 12-1), Petitioner was released from immigration detention on 21 September 13, 2011. On February 28, 2012, the magistrate judge issued a Report and 22 Recommendation. (Doc. 13.) 23 This Court lacks jurisdiction to review moot issues. Corp. v. L.L. Bean, 24 Inc., 398 F.3d 1125, 1128 (9th Cir. 2005) (“It is an inexorable command of the United States 25 Constitution that the federal courts confine themselves to deciding actual cases and 26 controversies.”). The test for mootness is whether the court can give a party any effective 27 relief in the event that it decides the matter on the merits in its favor; “[t]hat is, whether the 28 1 court can ‘undo’ the effects of the alleged wrongdoing.” Reimers v. Oregon, 863 F.2d 630, 2 632 (9th Cir. 1989). 3 Here, the pending Petition seeks his release from custody pending deportation. In 4 view of Petitioner’s release from custody, the relief he requests can no longer be effected by 5 this Court. Therefore, no “case or controversy” under Article III of the United States 6 Constitution remains, and the petition is moot. Picrin-Peron v. Rison, 930 F.2d 773, 776 (9th 7 Cir. 1991) (finding that because the petitioner only requested a release from custody and had 8 been released the court could provide no further relief and the petition was properly 9 dismissed). This case must therefore be dismissed. 10 11 IT IS THEREFORE ORDERED that the Petition for Writ of Habeas Corpus (Doc.. 1) is DENIED AS MOOT. 12 13 IT IS FURTHER ORDERED that the Report and Recommendation (Doc. 13) is likewise MOOT and ordered terminated. 14 15 16 IT IS FURTHER ORDERED that the Clerk of the Court shall TERMINATE this action. DATED this 5th day of March, 2012. 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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