Ibarra v. Kane

Filing 3

ORDER TO SHOW CAUSE - that within 14 days from the date this Order is filed, Petitioner must file a response to this Order showing good cause why this action should not be dismissed as moot. That the Clerk of Court must enter a judgment of dismissal of this action as moot without further order of the Court if a response to this Order is not filed within 14 days from the date this Order is filed. Signed by Judge G Murray Snow on 1/15/13. (DMT)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Enrique Puentes Ibarra,
Petitioner,

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vs.

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Katrina Kane,
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Respondent.
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No. CV 12-2704-PHX-GMS (MHB)
ORDER TO SHOW CAUSE

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of Habeas Corpus pursuant to 28 U.S.C. § 2241 seeking his immediate release from custody

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on the grounds that his detention without bond is unlawful. A review of the online Detainee

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Locator, https://locator.ice.gov/odls/homePage.do, indicates that he is no longer in

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Immigration and Customs Enforcement custody. A habeas corpus “petitioner’s release from

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detention under an order of supervision ‘moots his challenge to the legality of his extended

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detention.’” Abdala v. INS, 488 F.3d 1061, 1064 (9th Cir. 2007) (quoting Riley v. INS, 310

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F.3d 1253, 1256-57 (10th Cir. 2002). Similarly, a habeas corpus petition filed by a petitioner

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who “challenge[s] only the length of his detention, as distinguished from the lawfulness of

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the deportation order, . . . . [is] rendered moot by his removal.” Id. at 1062. Accordingly,

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Petitioner will be required to show good cause why this action should not be dismissed as

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moot.

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JDDL

Petitioner Enrique Puentes Ibarra (A024-341-618) has filed a pro se Petition for Writ

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IT IS ORDERED that within 14 days from the date this Order is filed Petitioner

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must file a response to this Order showing good cause why this action should not be

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dismissed as moot.

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IT IS FURTHER ORDERED that the Clerk of Court must enter a judgment of

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dismissal of this action as moot without further order of the Court if a response to this Order

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is not filed within 14 days from the date this Order is filed.

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DATED this 15th day of January, 2013.

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JDDL

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