Romo v. United States Department of Homeland Security
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Eva Isabel Gonzalez Romo,
United States Department of Homeland
Security, et al.,
Eva Isabel Gonzalez Romo filed an Amended Petition for Writ of Habeas Corpus
on May 24, 2016. (Doc. 4.) Upon screening her Amended Petition, the Court dismissed
most of her claims for lack of jurisdiction. (Doc. 6.) The only remaining claim is part of
Count Three—“Petitioner’s claim that her due process rights were violated by the
[Immigration Judge’s] November 13, 2014 and December 7, 2015 bond denials.” (Id. at
4.) On December 15, 2016, the Government notified the Court that U.S. Immigration and
Customs Enforcement released Petitioner on cash bond on December 9, 2016. (Doc. 15.)
On December 20, 2016, Magistrate Judge David K. Duncan issued a Report and
Recommendation (“R&R”) recommending the Amended Petition for Writ of Habeas
Corpus be denied as moot. (Doc. 16.) The Government served Petitioner with notice of
this R&R on January 6, 2017, and no objections were filed.
A district judge “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). Where any party
has filed timely objections to the R&R, the district court’s review of the part objected to
must be de novo. Id. If, however, no objections are filed, the district court need not
conduct such a review. Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz.
2003). No objections having been filed, the R&R will be adopted in full.
IT IS ORDERED the Report and Recommendation (Doc. 16) is ADOPTED and
the petition for writ of habeas corpus is DISMISSED AS MOOT.
IT IS FURTHER ORDERED 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.
Dated this 27th day of January, 2017.
Honorable Roslyn O. Silver
Senior United States District Judge
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