Adame-Rodriguez v. Lynch et al

Filing 24

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)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Alexander Adame-Rodriguez,
Petitioner,

10
11

ORDER

v.

12

No. CV-16-02951-PHX-DJH

Jeff B. Sessions, et al.,

13

Respondents.

14
15

This matter is before the Court on Petitioner’s Petition for Writ of Habeas Corpus

16

(the "Petition") pursuant to 28 U.S.C. § 2241 (Doc. 6) filed September 1, 2016, and the

17

Report and Recommendation (“R&R”) (Doc. 23) issued by United States Magistrate

18

Judge Bridget Bade on September 13, 2017. On May 30, 2017, Respondents filed a

19

Notice of Petitioner’s Release from Immigration Custody and Suggestion of Mootness

20

(Doc. 14). The Notice and Suggestion of Mootness states that Petitioner has been

21

released from the custody of Immigration and Customs Enforcement and placed on

22

supervised release. Documents attached to the Notice show that an Order of Supervision

23

was issued on May 12, 2017. (Doc. 14-1 at 4-7). As of the date of this Order, Petitioner

24

has not responded to the Notice, including Respondents’ assertion that his Petition is

25

rendered moot as a result of his release.

26

On August 10, 2017, Judge Bade issued an Order directing Petitioner to “show

27

cause why his petition should not be dismissed as moot in view of his apparent release

28

from custody.” (Doc. 19 at 2). Petitioner has not responded to the order to show cause,

1

though he has filed a Notice of Change of Address (Doc. 22) in which he provides a

2

mailing address in Miami, Florida.

3

concluded in the R&R that the Petition is moot. She therefore recommends that the

4

Petition be dismissed.

Based on the above information, Judge Bade

5

A habeas corpus “petitioner’s release from detention under an order of supervision

6

‘moots his challenge to the legality of his extended detention.’” Abdala v. INS, 488 F.3d

7

1061, 1064 (9th Cir. 2007) (quoting Riley v. INS, 310 F.3d 1253, 1256-57 (10th Cir.

8

2002)). Similarly, a habeas corpus petition filed by a petitioner who “challenge[s] only

9

the length of his detention, as distinguished from the lawfulness of the deportation order,

10

. . . . [is] rendered moot by his removal.” Id. at 1062. Because Petitioner’s release from

11

custody has rendered his claim of unlawful detention moot, the Petition will be

12

dismissed.

13

Accordingly,

14

IT IS ORDERED that Magistrate Judge Bade's R&R (Doc. 23) is accepted and

15
16
17
18
19
20

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.

21
22
23

Honorable Diane J. Humetewa
United States District Judge

24
25
26
27
28

-2-