Adame-Rodriguez v. Lynch et al
ORDER that Magistrate Judge Bade's 23 Report and Recommendation is accepted and adopted as the order of this Court. FURTHER ORDERED that the 6 Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 is dismissed as moot. FURTHER ORDERED that the Clerk of Court shall terminate this action and enter judgment accordingly. Signed by Judge Diane J Humetewa on 10/19/2017. (ATD)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Jeff B. Sessions, et al.,
This matter is before the Court on Petitioner’s Petition for Writ of Habeas Corpus
(the "Petition") pursuant to 28 U.S.C. § 2241 (Doc. 6) filed September 1, 2016, and the
Report and Recommendation (“R&R”) (Doc. 23) issued by United States Magistrate
Judge Bridget Bade on September 13, 2017. On May 30, 2017, Respondents filed a
Notice of Petitioner’s Release from Immigration Custody and Suggestion of Mootness
(Doc. 14). The Notice and Suggestion of Mootness states that Petitioner has been
released from the custody of Immigration and Customs Enforcement and placed on
supervised release. Documents attached to the Notice show that an Order of Supervision
was issued on May 12, 2017. (Doc. 14-1 at 4-7). As of the date of this Order, Petitioner
has not responded to the Notice, including Respondents’ assertion that his Petition is
rendered moot as a result of his release.
On August 10, 2017, Judge Bade issued an Order directing Petitioner to “show
cause why his petition should not be dismissed as moot in view of his apparent release
from custody.” (Doc. 19 at 2). Petitioner has not responded to the order to show cause,
though he has filed a Notice of Change of Address (Doc. 22) in which he provides a
mailing address in Miami, Florida.
concluded in the R&R that the Petition is moot. She therefore recommends that the
Petition be dismissed.
Based on the above information, Judge Bade
A habeas corpus “petitioner’s release from detention under an order of supervision
‘moots his challenge to the legality of his extended detention.’” Abdala v. INS, 488 F.3d
1061, 1064 (9th Cir. 2007) (quoting Riley v. INS, 310 F.3d 1253, 1256-57 (10th Cir.
2002)). Similarly, 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.” Id. at 1062. Because Petitioner’s release from
custody has rendered his claim of unlawful detention moot, the Petition will be
IT IS ORDERED that Magistrate Judge Bade's R&R (Doc. 23) is accepted and
adopted as the order of this Court.
IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2241 (Doc. 6) is dismissed as moot.
IT IS FURTHER ORDERED that the Clerk of Court shall terminate this action
and enter judgment accordingly.
Dated this 19th day of October, 2017.
Honorable Diane J. Humetewa
United States District Judge
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