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