Mounayer v. Holder, Jr. et al

Filing 14

ORDER signed by Magistrate Judge Michael J. Seng on 5/31/2011 granting 13 Motion to Dismiss Petition for Writ of Habeas Corpus as moot; Petition DISMISSED without prejudice. Clerk to enter Judgment.CASE CLOSED. (Lundstrom, T)

1
2
3
4
5
6
7
8
9
10

UNITED STATES DISTRICT COURT

11

EASTERN DISTRICT OF CALIFORNIA

12

HAZEM MICHAEL MOUNAYER,
Petitioner,

13
v.

14
15
16

ERIC H. HOLDER, Attorney General,
et al.,
Respondents.

17

)
)
)
)
)
)
)
)
)
)
)
)

1:11-cv-00122 MJS HC
ORDER GRANTING MOTION TO
DISMISS PETITION FOR WRIT OF
HABEAS CORPUS AS MOOT
[Doc. 13]

18
19

Petitioner filed a pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. §

20

2241 on January 24, 2011. Petitioner asserts his detention by the Bureau of Immigration and

21

Customs Enforcement (“ICE”) violates United States statutes and his constitutional right to due

22

process of law. Both parties have consented to Magistrate Judge jurisdiction under 28 U.S.C.

23

§ 636(c).

24

I.

BACKGROUND

25

Petitioner claims to be a native of Palestine.1 Petitioner was taken into custody and

26

placed in removal proceedings to the country of Jordan in September of 2010. In the habeas

27
28

1

According to Petitioner's alien file, Petitioner was born in Jordan. (Response, ECF No. 12.)

U .S. D istrict C ourt
E. D . C alifornia

-1-

1

petition filed January 24, 2011, Petitioner asserts only that his continued detention violated the

2

doctrine stated by the United States Supreme Court in Zadvydas v. Davis, 533 U.S. 678

3

(2001).

4

II.

ANALYSIS

5

On April 8, 2011, Respondents filed a motion to dismiss the petition. Respondents

6

represented that on April 7, 2011, Petitioner was released from the custody of ICE under

7

supervision. The motion was accompanied by a copy of the ICE Release Notification stating

8

that Petitioner shall be released from custody pending removal. Respondents assert that the

9

petition is now moot.

10

A federal court may not review a moot claim, because the exercise of federal judicial

11

power is conditioned on the existence of an Article III case or controversy. Liner v. Jafco, Inc.,

12

375 U.S. 301, 306 n. 3, 84 S. Ct. 391, 11 L. Ed. 2d 347 (1964). A claim is moot when "the

13

issues presented are no longer live" and there exists no "present controversy as to which

14

effective relief can be granted." Outdoor Media Group, Inc. v. City of Beaumont, 506 F.3d 895,

15

900 (9th Cir. 2007) (quoting Vill. Of Gambell v. Babbityt, 999 F.2d 403, 406 (9th Cir. 1993)).

16

To maintain a claim, a litigant must continue to have a personal stake in all stages of the

17

judicial proceeding. Abdala v. INS, 488 F.3d 1061, 1063 (9th Cir. 2007). Thus, a petitioner's

18

release from detention under an order of supervision may, under certain circumstances, moot

19

a challenge to the legality of his extended detention. Id. at 1064-65, (quoting Riley v. INS, 310

20

F.3d 1253, 1256-57 (10th Cir. 2002)). Mootness is not automatic. Zegarra-Gomez v. United

21

States, 314 F.3d 1124, 1126-27 (9th Cir. 2003). But in order for a habeas petitioner to continue

22

to present a live controversy after release, there must be some collateral consequence that

23

may be redressed by success on the petition. Spencer v. Kemna, 523 U.S. 1, 7, 118 S. Ct.

24

978, 140 L. Ed. 2d 43 (1998); Abdala, 488 F.3d at 1064.

25

III.

CONCLUSION

26

Because Petitioner has been released on supervision, which is the only relief he

27

requested or appears entitled to, and because there does not appear to be any collateral

28

consequence that could be addressed by continuing the litigation, the petition is moot.

U .S. D istrict C ourt
E. D . C alifornia

-2-

1

Accordingly, the petition shall be dismissed without prejudice.
ORDER

2
3

Accordingly, IT IS HEREBY ORDERED that:

4

1. The Petition for Writ of Habeas Corpus is DISMISSED without prejudice; and

5

2. The Clerk of Court is DIRECTED to enter judgment.

6
7

IT IS SO ORDERED.

8

Dated:
ci4d6

May 31, 2011

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
U .S. D istrict C ourt
E. D . C alifornia

-3-