Lor v. Aiken et al

Filing 14

ORDER OF DISMISSAL. Signed by Judge Vince Chhabria on 4/12/2016. (knm, COURT STAFF) (Filed on 4/12/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 8 9 ZANG LOR, Petitioner, 10 United States District Court Northern District of California ORDER OF DISMISSAL v. 11 12 Case No. 15-cv-05336-VC (PR) TIMOTHY S. AIKEN, et al., Warden, Respondents. 13 14 On November 10, 2015, Petitioner Zang Lor, a non-citizen who was detained by 15 16 Immigration and Customs Enforcement (“ICE”), filed this habeas petition under 28 U.S.C. § 2241 17 seeking relief from detention under 8 U.S.C. § 1231(a)(6) on the ground that his removal was not 18 reasonably foreseeable. On December 22, 2015, the Court issued an order for Respondents to 19 show cause why the petition should not be granted. On February 19, 2016, Respondents filed a 20 notice of suggestion of mootness with evidence showing that, on December 18, 2015, ICE 21 released Lor from detention pending his removal from the United States and subject to an order of 22 supervision. See Doc. 13, Ex. A, Order of Supervision. Respondents correctly argue that Lor’s 23 release from immigration detention renders his petition moot. See Pitts v. Terrible Herbst, Inc., 24 653 F.3d 1081, 1087 (9th Cir. 2011) (if events subsequent to filing complaint resolves parties’ 25 dispute, case must be dismissed as moot); Mamigonian v. Biggs, 710 F.3d 936, 942 (9th Cir. 2013) 26 (alien’s habeas petition challenging detention pending deportation rendered moot when she was 27 released from custody). Federal courts lack authority to decide moot cases. Pitts, 653 F.3d at 28 1087. 1 Therefore, this petition is dismissed for lack of jurisdiction. The Clerk shall issue a 2 separate judgment and close the case. 3 IT IS SO ORDERED. 4 Dated: April 12, 2016 5 6 VINCE CHHABRIA United States District Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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