Romo v. United States Department of Homeland Security

Filing 19

ORDER ADOPTING 16 Report and Recommendation and the Petition for Writ of Habeas Corpus is DISMISSED AS MOOT. A Certificate of Appealability and leave to proceed in forma pauperis on appeal are DENIED because jurists of reason would not find the procedural ruling debatable and Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Senior Judge Roslyn O Silver on 1/27/17. (DXD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Eva Isabel Gonzalez Romo,
Petitioner,

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ORDER

v.

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No. CV-16-01177-PHX-ROS

United States Department of Homeland
Security, et al.,

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Respondents.

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Eva Isabel Gonzalez Romo filed an Amended Petition for Writ of Habeas Corpus

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on May 24, 2016. (Doc. 4.) Upon screening her Amended Petition, the Court dismissed

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most of her claims for lack of jurisdiction. (Doc. 6.) The only remaining claim is part of

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Count Three—“Petitioner’s claim that her due process rights were violated by the

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[Immigration Judge’s] November 13, 2014 and December 7, 2015 bond denials.” (Id. at

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4.) On December 15, 2016, the Government notified the Court that U.S. Immigration and

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Customs Enforcement released Petitioner on cash bond on December 9, 2016. (Doc. 15.)

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On December 20, 2016, Magistrate Judge David K. Duncan issued a Report and

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Recommendation (“R&R”) recommending the Amended Petition for Writ of Habeas

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Corpus be denied as moot. (Doc. 16.) The Government served Petitioner with notice of

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this R&R on January 6, 2017, and no objections were filed.

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A district judge “may accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). Where any party

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has filed timely objections to the R&R, the district court’s review of the part objected to

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must be de novo. Id. If, however, no objections are filed, the district court need not

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conduct such a review. Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz.

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2003). No objections having been filed, the R&R will be adopted in full.

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Accordingly,

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IT IS ORDERED the Report and Recommendation (Doc. 16) is ADOPTED and

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the petition for writ of habeas corpus is DISMISSED AS MOOT.

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IT IS FURTHER ORDERED a Certificate of Appealability and leave to proceed

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in forma pauperis on appeal are DENIED because jurists of reason would not find the

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procedural ruling debatable and Petitioner has not made a substantial showing of the

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denial of a constitutional right.
Dated this 27th day of January, 2017.

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Honorable Roslyn O. Silver
Senior United States District Judge

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