Al-Zurwayjawi v. Gurule

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 12 ). The Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (Doc. 1 ) is denied and dismissed with prejudice. The Clerk of Court shall terminate this action and enter judgment accordingly. Signed by Judge Diane J Humetewa on 07/05/2017. (KAS)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Qusay Al-Zurwayjawi, Petitioner, 10 11 ORDER v. 12 No. CV-17-00101-PHX-DJH John Gurule, 13 Respondent. 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. 1) and the Report and 17 Recommendation (“R&R”) issued by United States Magistrate Judge John Z. Boyle 18 (Doc. 12). On July 17, 2015, Petitioner was served with a Notice to Appear, alleging that 19 due to criminal convictions in Maricopa County Superior Court, he was subject to 20 removal from the United States under the Immigration and Nationality Act. (Doc. 12 at 21 2). On April 29, 2016, Petitioner was transferred from the Arizona Department of 22 Corrections to the custody of Immigration and Customs Enforcement (“ICE”). (Id.). On 23 May 25, 2016, an Immigration Judge ordered Petitioner removed from the United States 24 to Iraq. (Id.). 25 Petitioner filed the instant Petition on January 11, 2017, claiming his continued 26 detention in ICE custody was in violation of Zadvydas v. Davis, 533 U.S. 678 (2001). 27 (Doc. 1 at 4). For relief, Petitioner requested that he be released from custody under an 28 order of supervision. (Doc. 1 at 9). On May 3, 2017, however, Respondents filed a 1 Notice that included competent evidence demonstrating Petitioner was removed from the 2 United States on April 18, 2017 pursuant to his final order of removal. 3 After full consideration and analysis of the issues, Judge Boyle concluded that the 4 Petition is moot because Petitioner, whose sole request for relief was release from ICE 5 custody, is no longer detained. (Doc. 12 at 3-4). Thus, there is no case or controversy. 6 (Id.). Accordingly, Judge Boyle recommends that the Petition be denied and dismissed 7 with prejudice. (Id. at 4-5). 8 Judge Boyle advised the parties that they had fourteen days to file objections and 9 that the failure to file timely objections "will be considered a waiver of a party’s right to 10 de novo appellate consideration of the issues.” (Doc. 12 at 5) (citing United States v. 11 Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc)). The parties have not filed 12 objections and the time to do so has expired. Absent any objections, the Court is not 13 required to review the findings and recommendations in the R&R. See Thomas v. Arn, 14 474 U.S. 140, 149 (1989) (The relevant provision of the Federal Magistrates Act, 28 15 U.S.C. § 636(b)(1)(C), “does not on its face require any review at all . . . of any issue that 16 is not the subject of an objection.”); Reyna-Tapia, 328 F.3d at 1121 (same); Fed.R.Civ.P. 17 72(b)(3) (“The district judge must determine de novo any part of the magistrate judge’s 18 disposition that has been properly objected to.”). 19 Nonetheless, the Court has reviewed the R&R and agrees with its findings and 20 recommendations. The Court will, therefore, accept the R&R and deny the Petition. See 21 28 U.S.C. § 636(b)(1)(C) (“A judge of the court may accept, reject, or modify, in whole 22 or in part, the findings or recommendations made by the magistrate judge.”); 23 Fed.R.Civ.P. 72(b)(3) (same). 24 Accordingly, 25 IT IS ORDERED that Magistrate Judge Boyle's R&R (Doc. 12) is accepted and 26 27 28 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. 1) is denied and dismissed with prejudice. -2- 1 2 3 IT IS FURTHER ORDERED that the Clerk of Court shall terminate this action and enter judgment accordingly. Dated this 5th day of July, 2017. 4 5 6 Honorable Diane J. Humetewa United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-

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