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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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Qusay Al-Zurwayjawi,
Petitioner,

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ORDER

v.

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No. CV-17-00101-PHX-DJH

John Gurule,

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Respondent.

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

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(the "Petition") pursuant to 28 U.S.C. § 2241 (Doc. 1) and the Report and

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Recommendation (“R&R”) issued by United States Magistrate Judge John Z. Boyle

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(Doc. 12). On July 17, 2015, Petitioner was served with a Notice to Appear, alleging that

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due to criminal convictions in Maricopa County Superior Court, he was subject to

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removal from the United States under the Immigration and Nationality Act. (Doc. 12 at

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2). On April 29, 2016, Petitioner was transferred from the Arizona Department of

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Corrections to the custody of Immigration and Customs Enforcement (“ICE”). (Id.). On

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May 25, 2016, an Immigration Judge ordered Petitioner removed from the United States

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to Iraq. (Id.).

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Petitioner filed the instant Petition on January 11, 2017, claiming his continued

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detention in ICE custody was in violation of Zadvydas v. Davis, 533 U.S. 678 (2001).

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(Doc. 1 at 4). For relief, Petitioner requested that he be released from custody under an

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order of supervision. (Doc. 1 at 9). On May 3, 2017, however, Respondents filed a

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Notice that included competent evidence demonstrating Petitioner was removed from the

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United States on April 18, 2017 pursuant to his final order of removal.

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After full consideration and analysis of the issues, Judge Boyle concluded that the

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Petition is moot because Petitioner, whose sole request for relief was release from ICE

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custody, is no longer detained. (Doc. 12 at 3-4). Thus, there is no case or controversy.

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(Id.). Accordingly, Judge Boyle recommends that the Petition be denied and dismissed

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with prejudice. (Id. at 4-5).

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Judge Boyle advised the parties that they had fourteen days to file objections and

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that the failure to file timely objections "will be considered a waiver of a party’s right to

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de novo appellate consideration of the issues.” (Doc. 12 at 5) (citing United States v.

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Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc)). The parties have not filed

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objections and the time to do so has expired. Absent any objections, the Court is not

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required to review the findings and recommendations in the R&R. See Thomas v. Arn,

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474 U.S. 140, 149 (1989) (The relevant provision of the Federal Magistrates Act, 28

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U.S.C. § 636(b)(1)(C), “does not on its face require any review at all . . . of any issue that

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is not the subject of an objection.”); Reyna-Tapia, 328 F.3d at 1121 (same); Fed.R.Civ.P.

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72(b)(3) (“The district judge must determine de novo any part of the magistrate judge’s

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disposition that has been properly objected to.”).

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Nonetheless, the Court has reviewed the R&R and agrees with its findings and

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recommendations. The Court will, therefore, accept the R&R and deny the Petition. See

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28 U.S.C. § 636(b)(1)(C) (“A judge of the court may accept, reject, or modify, in whole

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or in part, the findings or recommendations made by the magistrate judge.”);

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Fed.R.Civ.P. 72(b)(3) (same).

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Accordingly,

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IT IS ORDERED that Magistrate Judge Boyle's R&R (Doc. 12) is accepted and

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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.

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IT IS FURTHER ORDERED that the Clerk of Court shall terminate this action
and enter judgment accordingly.
Dated this 5th day of July, 2017.

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Honorable Diane J. Humetewa
United States District Judge

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