Win v. Gurule
ORDER - IT IS ORDERED that the Petition (Doc. 1 ) and this action are dismissed as moot. The Clerk of Court must enter judgment accordingly. Signed by Judge David G Campbell on 5/29/13. (LAD)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
No. CV 13-1019-PHX-DGC (MHB)
Petitioner Wanna Win (A073-219-873) has filed a pro se Petition for Writ of
Habeas Corpus pursuant to 28 U.S.C. § 2254 seeking his immediate release from custody
on the grounds that his detention with no prospect that his removal would be effected in
the reasonably foreseeable future was not authorized by law. See Zadvydas v. Davis, 533
U.S. 678 (2001) (when there is no reasonable likelihood that a foreign government will
accept an alien’s return in the reasonably foreseeable future, the INS may not detain the
alien for more than the presumptively reasonable period of six months).
On May 23, 2013, mail sent to Petitioner by the Clerk of Court was returned as
undeliverable. (Doc. 3.) Additionally, the Immigration and Customs Enforcement (ICE)
online Detainee Locator, https://locator.ice.gov/odls/homePage.do, indicates that
Petitioner is no longer in ICE custody. A habeas corpus petition filed by a petitioner who
“challenge[s] only the length of his detention, as distinguished from the lawfulness of the
deportation order, . . . . [is] rendered moot by his removal.” Abdala v. INS, 488 F.3d
1061, 1062 (9th Cir. 2007).
Similarly, a habeas corpus “petitioner’s release from
detention under an order of supervision ‘moots his challenge to the legality of his
extended detention.’” Id. at1064 (quoting Riley v. INS, 310 F.3d 1253, 1256-57 (10th
Cir. 2002). Because Petitioner has not filed a notice of change of address, an order to
show cause why this action should not be dismissed as moot would be futile. See Carey
v. King, 856 F.2d 1439, 1441 (9th Cir. 1988) (“An order to show cause why dismissal is
not warranted or an order imposing sanctions would only find itself taking a round trip
tour through the United States mail.”). Accordingly, this action will be dismissed as
IT IS ORDERED that the Petition (Doc. 1) and this action are dismissed as moot.
The Clerk of Court must enter judgment accordingly.
Dated this 29th day of May, 2013.
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